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

Detailed Legal Analysis

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

The process involves several steps to ensure that the company is officially removed from the register of companies. Below are the key steps and requirements:

• Eligibility Criteria:
  • The company must be inactive for at least two financial years.
  • No outstanding liabilities should exist against the company.
  • The company should not be involved in any legal proceedings.
• Board Resolution:
  • Hold a board meeting and pass a resolution to strike off the company.
  • Ensure that all directors consent to this resolution.
• Application for Strike Off:
  • File Form STK-2 with the Registrar of Companies (ROC) along with the required documents.
  • The documents typically include:
    • Copy of the board resolution.
    • Affidavit from directors confirming the status of the company.
    • Indemnity bond.
    • Consent of shareholders if applicable.
• Publication of Notice:
  • The ROC will publish a notice in the Official Gazette and a leading newspaper to invite objections, if any, from creditors or stakeholders.
  • Ensure that any objections are addressed within the stipulated time frame.
• Approval of Strike Off:
  • If no objections are raised, the ROC will proceed to strike off the name of the company from the register.
  • You will receive a confirmation of the strike-off, which will serve as proof that the company is no longer in existence.

This entire process is governed under the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016, and related sections of the Companies Act, 2013. It is advisable to consult with a legal professional to ensure compliance with all regulatory requirements during this process.