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

Detailed Legal Analysis

To strike off a defunct private limited company in Patna, you must follow the procedure outlined in the Companies Act, 2013, specifically under Section 248, and comply with the rules stipulated in the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.

Here are the steps and requirements for the striking off process:

• Eligibility: Ensure your company meets the following criteria:
  • The company has not commenced any business since its incorporation.
  • The company is not carrying on any business or operation.
  • The company has no outstanding liabilities.
• Pass a Board Resolution: Hold a board meeting to pass a resolution for the striking off of the company. The resolution should state that the company is no longer carrying on business and that the members agree to apply for striking off.
• File Form STK-2: Prepare and file Form STK-2 with the Registrar of Companies (RoC). This form must be accompanied by:
  • A copy of the Board Resolution.
  • Affidavit from the directors stating that the company has no outstanding liabilities.
  • Indemnity bond from the directors.
  • List of shareholders and details of their shareholding.
• Notice in the Official Gazette: Once your application is processed, the RoC will publish a notice in the Official Gazette regarding the proposed striking off. This gives an opportunity for any objections to be raised.
• Objections (if any): If there are no objections raised within 30 days of the notice, the RoC will proceed with the striking off process.
• Certificate of Striking Off: Upon completion of the above steps, the RoC will issue a certificate of striking off, officially removing the company’s name from the register.

It is essential to comply with all statutory obligations and ensure that there are no pending legal issues or liabilities against the company before initiating the striking-off process. Additionally, if the company has any assets, they must be dealt with before proceeding with the strike-off.

For more information, refer to the Companies Act, 2013, particularly Section 248, and the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.