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

Detailed Legal Analysis

To strike off a defunct private limited company in Agra, the procedure involves filing an application with the Registrar of Companies (ROC) and meeting specific requirements under the Companies Act, 2013.

Here is a detailed procedure to strike off your company:

• Eligibility Criteria: Ensure that your company meets the following criteria:
  • Has not carried on any business for the last two financial years.
  • Has no outstanding liabilities.
  • Has not made any default in filing financial statements or annual returns as per Section 137 and Section 92 of the Companies Act, 2013.
• Board Resolution: Hold a board meeting and pass a resolution to approve the striking off of the company. This meeting must record the reasons for seeking the strike-off.
• Application Filing: Prepare and file the application in Form STK-2 with the ROC. The documents required include:
  • Copy of the board resolution.
  • Affidavit in Form STK-4 confirming that the company is not carrying on any business.
  • Indemnity bond in Form STK-5.
  • Statement of accounts showing nil assets and liabilities.
  • Consent of shareholders in the form of a special resolution, if necessary.
• Publication of Notice: The ROC will publish a notice in the official gazette and a leading newspaper about the proposed strike-off, inviting objections, if any.
• Objections Handling: If no objections are received within the stipulated period (usually 30 days), the ROC will proceed with the strike-off.
• Certificate of Strike Off: Upon completion of the process, the ROC will issue a certificate of striking off the name of the company from the Registrar, thereby dissolving it. This is in accordance with Section 248 of the Companies Act, 2013.

Additionally, ensure compliance with local regulations and seek legal advice if necessary to navigate the process efficiently. Proper documentation and adherence to timelines are crucial for a smooth strike-off process.