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

Detailed Legal Analysis

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

Here’s a detailed procedure to strike off your company:

• Eligibility Criteria: Ensure that your private limited company meets the following criteria:
  • The company has not commenced any business or operations.
  • The company has not been engaged in any financial transactions for the last two years.
  • The company is not a party to any legal proceedings.
• Hold a Board Meeting: Convene a Board Meeting to discuss and pass a resolution for the voluntary strike-off of the company. Ensure that the resolution is passed with the requisite majority.
• Filing of Form STK-2:
  • Prepare and file Form STK-2 with the Registrar of Companies (RoC), accompanied by necessary documents, including:
    • Copy of the Board resolution.
    • Affidavit from the directors.
    • Indemnity bond.
    • Statement of assets and liabilities.
• Publication of Notice: The RoC will issue a notice in the official gazette for the proposed strike-off. This is to inform any interested parties about the proposed action.
• Response Period: A period of 30 days is given for any objections to be raised by creditors or any other person against the proposed strike-off.
• Final Approval: If no objections are received, the RoC will issue a confirmation of the strike-off, and the company will be removed from the register of companies. The final order will be issued under Section 248(5) of the Companies Act, 2013.
• Post-Strike Off Compliance: After the strike-off, maintain records for a period of 8 years as per the Companies Act, 2013, in case of future inquiries.

It's advisable to consult a legal professional or a company secretary to ensure compliance with all legal requirements and to facilitate the process smoothly.