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

Detailed Legal Analysis

To strike off a defunct private limited company in Tirupati, you must follow the procedure outlined under the Companies Act, 2013, specifically Section 248. This process involves several steps that ensure compliance with legal requirements.

Here are the key steps to strike off your company:

• Board Resolution:
  • Hold a board meeting and pass a resolution to initiate the strike-off process.
  • Ensure that the decision to close the company is recorded in the minutes of the meeting.
• File Form STK-2:
  • Prepare and file Form STK-2 with the Registrar of Companies (RoC) along with the required documents.
  • The form must be signed by at least two directors and must include details like the name of the company, registration number, and the reason for closure.
• Affidavit and Indemnity Bond:
  • Alongside Form STK-2, submit an affidavit from the directors stating that the company has not conducted any business for the last one year.
  • Provide an indemnity bond indemnifying the Central Government from any liability.
• Clearance of Dues:
  • Ensure all dues to the government, such as taxes, are cleared, and obtain a 'No Objection Certificate' (NOC) from the tax authorities.
• Publication in Official Gazette:
  • Once the application is processed, the RoC will publish a notice in the Official Gazette regarding the proposed strike-off.
  • Objections, if any, must be resolved before proceeding.
• Finalization of Strike Off:
  • If no objections are raised, the RoC will strike off the name of the company from the register and issue a confirmation.
  • This confirmation serves as an official closure of the company.

It is essential to ensure compliance with all legal and procedural requirements as stipulated in the Companies Act, 2013 (Section 248) to avoid any future liabilities or legal issues. For further assistance, consider consulting a legal expert specializing in corporate law.