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

Detailed Legal Analysis

To strike off a defunct private limited company in Ranchi, you must follow the procedure laid out under the Companies Act, 2013, specifically Section 248, along with the relevant rules in the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.

Here are the steps you need to follow:

• Eligibility Criteria: Ensure that your company meets the criteria for striking off:
  • The company has not commenced any business for one year or more.
  • It is not carrying on any operations.
  • It has settled all its liabilities.
• Hold a Board Meeting: Convene a board meeting to pass a resolution for striking off the company. The resolution should state that the company is not carrying on any business and has no liabilities.
• File Form STK-2: Prepare and file Form STK-2 with the Registrar of Companies (RoC) along with the following documents:
  • Copy of the board resolution.
  • Affidavit confirming that the company has not carried on any business.
  • Indemnity bond from the directors.
  • Statement of assets and liabilities of the company.
  • Consent of all shareholders for striking off.
• Pay Fees: Pay the requisite fee for filing Form STK-2 as prescribed by the Companies (Registration Offices and Fees) Rules, 2014.
• Public Notice: Upon receipt of the application, the RoC will publish a notice in the Official Gazette, inviting objections (if any) within 30 days.
• Objections Handling: If there are no objections, the RoC will strike off the name of the company from the register and issue a certificate of striking off.
• Final Certificate: Once the name is struck off, you will receive a final certificate of dissolution, which confirms that the company has been officially dissolved.

It is advisable to consult with a legal professional to ensure compliance with all legal requirements and to facilitate the process smoothly. Additionally, ensure that all tax filings and dues are cleared before proceeding with the strike-off to avoid any complications.