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

Detailed Legal Analysis

To strike off a defunct private limited company in Meerut, you must follow the procedure outlined under Section 248 of the Companies Act, 2013.

The process for striking off involves several key steps and requirements:

• Eligibility Criteria:
  • The company must not have any outstanding liabilities.
  • It should not have been involved in any business activities for the last two financial years.
  • The company must have filed all necessary returns and documents with the Registrar of Companies (RoC) up to the date of application.
• Board Resolution:
  • Conduct a board meeting and pass a resolution to strike off the company.
  • The resolution should state that the company is defunct and has no assets or liabilities.
• Application for Strike Off:
  • File Form STK-2 with the Registrar of Companies.
  • Attach the following documents:
    • Copy of the board resolution.
    • Indemnity bond from the directors.
    • Affidavit from directors confirming the status of the company.
    • Statement of accounts showing nil assets and liabilities.
• Public Notice:
  • The RoC will issue a public notice in a newspaper inviting objections from stakeholders.
  • If no objections are received within the stipulated period, the company will be struck off.
• Certificate of Strike Off:
  • Upon completion of the process, the RoC will issue a Certificate of Strike Off, officially dissolving the company.

It is essential to ensure compliance with all the provisions stipulated in the Companies Act, 2013, particularly Section 248, and adhere to the guidelines provided by the Ministry of Corporate Affairs. For further assistance, consider consulting a legal expert specializing in corporate law to navigate the process smoothly.