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

Detailed Legal Analysis

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

The process involves several steps, which are as follows:

• Eligibility Criteria:
  • The company must not be carrying on any business or operation.
  • There should be no outstanding dues to the Registrar of Companies (RoC), tax authorities, or any other statutory bodies.
  • The company must have filed all necessary returns and documents with the RoC until the date of application.
• Board Resolution:
  • Hold a board meeting to pass a resolution for the voluntary striking off of the company.
  • Record the reasons for the closure in the minutes of the meeting.
• File Form STK-2:
  • Prepare and file Form STK-2 with the RoC along with the required documents.
  • Documents to be attached:
    • Copy of the board resolution.
    • Affidavit from directors declaring that the company has not carried on any business for the last one year.
    • Statement of assets and liabilities.
• Publication in Official Gazette:
  • Once the application is processed, the RoC will publish a notice in the Official Gazette informing the public about the proposed striking off.
• Objections, if any:
  • If there are any objections raised by any person, the RoC will consider these before proceeding further.
• Approval of Striking Off:
  • If no objections are received, the RoC will issue a confirmation of the striking off, and the company will be dissolved.

It is also essential to ensure compliance with the Income Tax Act, 1961 to avoid any financial liabilities post-strike off. By adhering to the above steps, you can successfully strike off your defunct private limited company in Sagar as per the provisions of the Companies Act, 2013.