I want to strike off my defunct private limited company in Chennai — what is the procedure?
ME Asked by Meera Krishnan from India
Quick Answer
A defunct company can be struck off under Section 248 of the Companies Act, 2013 by filing Form STK-2 with the RoC after clearing all dues and obtaining consent of 75% of shareholders.
Detailed Legal Analysis
A defunct company can be struck off under Section 248 of the Companies Act, 2013 by filing Form STK-2 with the RoC after clearing all dues and obtaining consent of 75% of shareholders. The company must not have carried on business for the preceding two financial years in Chennai.
Disputes are appealable to the NCLT and the Madras High Court under Section 252. Before striking off, surrender all registrations including those under Tamil Nadu Rent Control Act 1960 governing the Tamil Nadu Shops and Establishments Act.
Pending litigation or tax dues must be resolved. The RoC publishes a notice and removes the company after no objection is received.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.