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

Detailed Legal Analysis

To strike off a defunct private limited company in Gorakhpur, you must follow the procedure outlined under Section 248 of the Companies Act, 2013, and Rule 4 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.

Here are the steps to complete the strike-off process:

• Board Meeting: Convene a board meeting to discuss and approve the proposal for striking off the company’s name from the register.
• Pass a Special Resolution: Obtain approval through a special resolution passed by the shareholders in a general meeting. This resolution should state that the company is not carrying on any business or operations.
• File Form MGT-14: After passing the resolution, file Form MGT-14 with the Registrar of Companies (RoC) within 30 days of passing the resolution. This form must be accompanied by the special resolution and explanatory statement.
• Prepare an Application: Draft an application for striking off in Form STK-2. This application should include details such as the name of the company, registration number, address, and reasons for seeking the strike-off.
• Affidavit and Indemnity Bond: Attach an affidavit from the directors stating that the company has no debts and is not carrying on any business. Also, prepare an indemnity bond to protect the directors from any future claims against the company.
• File Form STK-2: Submit Form STK-2 along with the necessary documents to the RoC. Ensure that you pay the requisite fee as specified in the Companies (Registration Offices and Fees) Rules, 2014.
• Public Notice: The RoC will publish a notice in the Official Gazette and may also publish it in a local newspaper to inform the public about the proposed strike-off.
• Objections: If there are any objections received from stakeholders or creditors, the RoC will review them. If no objections are received within 30 days, the application will be processed.
• Strike-off Order: Upon satisfaction that all conditions are met, the RoC will issue a striking-off order. The company will be officially removed from the register.

It is essential to ensure that all statutory filings are up to date and that there are no pending legal proceedings against the company before initiating the strike-off process. Non-compliance with any of these steps can lead to delays or rejection of the application.