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

Detailed Legal Analysis

To strike off a defunct private limited company in Panipat, you must follow the procedure outlined under Section 248 of the Companies Act, 2013, which allows a company to be removed from the register of companies under certain conditions.

The procedure for striking off a defunct private limited company involves the following steps:

• Eligibility Criteria:
  • The company must not have commenced any business or operation for the last two financial years.
  • The company must not have any outstanding liabilities.
  • The company must not have any deposits or any amounts owed to creditors.
• Board Resolution:
  • Conduct a Board Meeting to pass a resolution for the striking off of the company.
  • Document the decision in the Minutes of the meeting.
• Application for Strike Off:
  • File Form STK-2 with the Registrar of Companies (RoC) along with the required documents.
  • Documents to be attached include:
    • Copy of the Board Resolution.
    • Affidavit by the directors declaring that the company is not carrying on business.
    • Indemnity bond in Form STK-3.
    • Statement of assets and liabilities.
• Publication of Notice:
  • The RoC will publish a notice in the official gazette and on its website, inviting objections, if any, from stakeholders.
• Processing the Application:
  • If no objections are raised within 30 days from the date of the notice, the RoC will approve the application.
  • The company will be struck off from the register, and a notice will be published in the official gazette.

It is important to ensure compliance with all legal requirements to avoid penalties. Post-strike off, the company’s name will be removed from the RoC records, and it will cease to exist as a legal entity.

Relevant provisions include:

• Companies Act, 2013: Section 248 (Power of Registrar to remove name of company from register).
• Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016: These rules provide detailed procedures and requirements for striking off companies.