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

Detailed Legal Analysis

To strike off a defunct private limited company in Muzaffarpur, you need to follow the procedure laid out under Section 248 of the Companies Act, 2013.

The process can be initiated either by the company itself or by the Registrar of Companies (RoC). If the company is not carrying on any business for a period of two years or more, it may apply for a strike-off. Here are the steps to follow:

• Board Resolution: The first step is to convene a Board Meeting and pass a resolution to initiate the process of striking off the company.
• Affidavit: Obtain an affidavit from the directors stating that the company has not commenced any business or has ceased to operate for the last two years.
• Form STK-2: File Form STK-2 with the Registrar of Companies. This form must include the following:
• Details of the company such as name, registration number, and address.
• Reasons for applying for striking off.
• Affidavit regarding non-operation.
• List of all the shareholders and creditors.
• Clearance of Dues: Ensure that all dues, including taxes, are cleared. Obtain a ‘No Objection Certificate’ from the Income Tax Department (if applicable).
• Publication: After filing, the RoC will publish a notice in the Official Gazette and may also put a notice on its website, inviting objections, if any.
• Final Approval: If no objections are raised, the RoC will issue a Certificate of Strike Off, and the company will be dissolved.

Key Legal Provisions:

• Companies Act, 2013: Section 248 - provides the legal framework for striking off the company.
• Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016: Outlines the detailed procedures and forms that need to be followed.

It is advisable to consult a legal practitioner to ensure compliance with all requirements and facilitate the smooth process of striking off your company.