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

Detailed Legal Analysis

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

Here is a detailed procedure to strike off your defunct private limited company:

• Eligibility Criteria:
  • The company must not have been carrying on any business for the last two financial years.
  • The company should not have outstanding debts.
  • All necessary filings, such as annual returns and financial statements, should be up to date for the last two years.
• Board Resolution:
  • Hold a board meeting to pass a resolution for the striking off of the company.
  • Draft minutes of the meeting and ensure they are recorded in the minutes book.
• Filing Form STK-2:
  • Prepare and file Form STK-2 with the Registrar of Companies (RoC). This form should include the following:
  • Details of the company.
  • Reasons for striking off.
  • Declaration that the company is not carrying on any business.
  • Details of the board resolution.
  • Attach the prescribed documents including:
  • Affidavit from directors.
  • Indemnity bond.
  • Copy of the board resolution.
• Publication:
  • Once the application is filed, the RoC will publish a notice in the official gazette and on the company’s website.
  • This notice provides a period for objections to be raised by any party interested in the company.
• Final Approval:
  • If no objections are received, the RoC will issue a certificate of striking off the name of the company from the Register of Companies.
  • This certificate serves as proof that the company is no longer in existence.

It is advisable to consult a legal expert or a company secretary to ensure compliance with all legal requirements throughout the process. Following the above steps will help you successfully strike off your defunct private limited company in Haridwar as per the provisions of the Companies Act, 2013.