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

Detailed Legal Analysis

To strike off a defunct private limited company in Margao, you need to follow the procedure laid down under the Companies Act, 2013, specifically Section 248, along with the related rules in the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.

The following steps outline the procedure to strike off your defunct private limited company:

• Eligibility Check: Ensure that your company meets the eligibility criteria for striking off, which includes:
• The company must not have any outstanding liabilities.
• The company must not have commenced any business operations or must have ceased operations for the preceding two years.
• It should not be in the process of winding up or be a listed company.
• Board Resolution: Hold a board meeting to pass a resolution for the striking off of the company. This resolution must state the reasons for the closure and the intent to apply for striking off.
• Preparation of Documents: Prepare the necessary documents, which typically include:
• Form STK-2: Application for the removal of the name of the company from the register.
• Affidavit confirming that the company is not carrying on any business.
• Indemnity bond from the directors.
• Copy of the board resolution.
• Statement of assets and liabilities, if applicable.
• Consent of all shareholders for the proposed action.
• Filing with the Registrar: Submit the completed Form STK-2 along with the requisite documents and the prescribed fee to the Registrar of Companies (RoC) for your state (in this case, Goa).
• Public Notice: The RoC will publish a public notice in the official gazette and may also publish it in a newspaper to inform stakeholders about the proposed striking off.
• Response Period: There is a 30-day period during which any objections can be raised by stakeholders, including creditors and shareholders.
• Final Order: If no objections are received, the RoC will issue a certificate of striking off, and the name of the company will be removed from the register.

It is important to comply with all legal requirements during this process to avoid potential liabilities in the future. For further details, refer to the Companies Act, 2013, and the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.