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

Detailed Legal Analysis

To strike off a defunct private limited company in Mysore, you need to follow a specific procedure laid down by the Companies Act, 2013 and the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.

The procedure can be summarized in the following steps:

• Eligibility Criteria: Ensure your company meets the following conditions:
  • The company has not conducted any business for the last one year.
  • The company has no outstanding liabilities.
  • The company is not a listed company.
  • The company has not been convicted of any offences and no prosecution is pending against it.
• Board Resolution: Hold a board meeting to pass a resolution for striking off the name of the company from the register of companies.
• Filing Form STK-2: Prepare and file Form STK-2 with the Registrar of Companies (RoC). This form should be accompanied by:
  • A copy of the board resolution.
  • A declaration that the company has no outstanding liabilities.
  • A copy of the company’s latest financial statement.
  • Affidavit from the directors confirming the status of the company.
• Notice to Tax Authorities: Serve a notice to the tax authorities to inform them about the proposed strike-off.
• Publication in the Official Gazette: The RoC will publish a notice in the Official Gazette regarding the proposed strike-off, allowing any objections to be raised within 30 days.
• Objection Handling: If there are no objections within the stipulated time, the RoC will proceed with striking off the name.
• Certificate of Strike Off: Upon successful completion of the process, the RoC will issue a certificate of strike off, officially removing the company from the register.

It is important to ensure compliance with all applicable laws and maintain proper documentation throughout the process. The relevant sections of the Companies Act, 2013 include Section 248 (Power of Registrar to remove name of company from register) and the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016. Consulting with a legal professional is advisable to navigate this process effectively.