I want to strike off my defunct private limited company in Jodhpur — what is the procedure?

Detailed Legal Analysis

To strike off a defunct private limited company in Jodhpur, you must follow a specific procedure as outlined in the Companies Act, 2013 and the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.

Here are the steps to be followed for the striking off of your company:

• Eligibility Criteria:
  • The company must be inactive and has not carried on any business for the last two financial years.
  • The company has no outstanding liabilities.
  • The company has not filed its financial statements or annual returns for the last two financial years.
• Board Resolution:
  • Hold a board meeting to pass a resolution for the closure of the company.
  • Prepare the minutes of the meeting, documenting the decision to strike off the company.
• File Form STK-2:
  • Prepare and file Form STK-2 with the Registrar of Companies (RoC) along with the required documents.
  • Attach the following documents:
    • Copy of the board resolution.
    • Affidavit from the directors ensuring compliance with the requirements.
    • Indemnity bond duly executed by the directors.
    • List of creditors and their consent for the strike-off.
• Publication of Notice:
  • The RoC will publish a notice in the official gazette, inviting objections from any interested parties.
  • This notice will be published for a minimum of 30 days.
• Final Notice and Striking Off:
  • If no objections are received, the RoC will issue a final notice and strike off the company’s name from the register.
  • Upon striking off, a notification will be published in the official gazette regarding the same.

It is important to ensure that all compliance and legal requirements are met to avoid any future liabilities. For detailed guidance, refer to the Ministry of Corporate Affairs website or consult with a legal professional.