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

Detailed Legal Analysis

To strike off a defunct private limited company in Navi Mumbai, you must follow the procedure outlined under the Companies Act, 2013, specifically Section 248.

The process for striking off a company involves the following steps:

• Eligibility Criteria: Ensure that your company meets the eligibility criteria for voluntary striking off:
  • The company has not commenced any business since its incorporation or has ceased to carry on business for a period of at least one year.
  • The company does not have any outstanding liabilities.
  • No pending litigation against the company.
• Board Meeting: Hold a Board Meeting to pass a resolution to strike off the company. The minutes of the meeting should reflect the decision and the reasons for striking off.
• Shareholder Approval: After the Board resolution, convene a General Meeting to obtain approval from the shareholders. A special resolution is required if the company has a paid-up capital of more than ₹1 lakh.
• Filing of Form: File Form STK-2 with the Registrar of Companies (RoC) along with the following documents:
  • Copy of the Board and General Meeting resolutions.
  • Indemnity bond from the directors.
  • Affidavit from directors stating the company has no liabilities.
  • Statement of assets and liabilities.
• Public Notice: After filing Form STK-2, the RoC will publish a notice in the Official Gazette and a local newspaper. This is to inform any stakeholders of the proposed strike-off.
• Response Period: There is a period of 30 days during which objections can be raised by any party regarding the strike-off.
• Certificate of Strike Off: If no objections are received, the RoC will issue a Certificate of Strike Off, which formalizes the closure of the company.

It is important to comply with all regulatory requirements and ensure that no assets or liabilities are overlooked during this process. The relevant laws governing this procedure include the Companies Act, 2013, particularly Sections 248 to 252 that detail the striking off process.