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

Detailed Legal Analysis

To strike off a defunct private limited company in Jaipur, you must follow the procedure outlined in the Companies Act, 2013, primarily governed by Section 248.

The process involves several steps, and it is essential to fulfill specific requirements to ensure a smooth strike-off. Below are the detailed steps and requirements:

• Eligibility Criteria:
  • The company must be a private limited company.
  • It should not have any outstanding debts.
  • It should not have conducted any business for the past two financial years.
  • It should not be in the process of winding up or any legal proceeding.
• Board Meeting:
  • Hold a Board Meeting to pass a resolution for the strike-off.
  • Ensure to record the reasons for the strike-off in the minutes of the meeting.
• Intimation to Shareholders:
  • Communicate the Board's decision to the shareholders.
  • Obtain their consent through a General Meeting if required.
• Filing with the Registrar:
  • File Form STK-2 with the Registrar of Companies (RoC) along with the prescribed fees.
  • Attach the following documents:
    • Board resolution for strike-off.
    • Affidavit by the directors.
    • Consent from shareholders.
    • No objection certificate from tax authorities, if applicable.
• Public Notice:
  • The RoC will issue a public notice in the official Gazette and a newspaper to inform the public about the proposed strike-off.
• Objections:
  • Allow a period for any objections to be filed against the strike-off.
• Confirmation of Strike-Off:
  • If no objections are received, the RoC will issue a confirmation of strike-off in Form STK-7.
  • This will officially dissolve the company.

Compliance with the above steps ensures that the defunct private limited company is struck off legally under the Companies Act, 2013, thereby ceasing to exist as a registered entity.