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

Detailed Legal Analysis

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

Here are the steps to follow for striking off your company:

• Eligibility Criteria:
  • The company must be inactive and has not carried on any business for the last two financial years.
  • There should be no outstanding liabilities against the company.
  • The company should not have any ongoing legal proceedings.
• Board Resolution:
  • Hold a board meeting and pass a resolution to approve the striking off of the company.
  • Ensure that the decision is recorded in the minutes of the meeting.
• Filing of Form STK-2:
  • File Form STK-2 with the Registrar of Companies (RoC) along with the prescribed fee.
  • Attach the required documents, including:
    • Copy of the board resolution.
    • Affidavit confirming that the company has no outstanding dues.
    • Indemnity bond in the prescribed format.
• Public Notice:
  • The RoC will publish a notice in the Official Gazette and may also publish it in a local newspaper to inform stakeholders of the proposed striking off.
• Response to Objections:
  • If any objections are raised against the striking off, the RoC will consider them and may take appropriate action.
• Final Order:
  • If no objections are received, the RoC will issue a notice of striking off the name of the company from the register.
  • The striking off will be effective from the date specified in the notice.

It is important to ensure that all statutory compliance is fulfilled prior to applying for striking off, as non-compliance could lead to rejection of the application. Furthermore, the process may take a few months, so timely action is advisable.