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

Detailed Legal Analysis

To strike off a defunct private limited company in Varanasi, you must follow the procedure outlined in the Companies Act, 2013, specifically under Section 248. This process allows companies that are no longer carrying on business or operations to be removed from the Register of Companies.

Here are the steps to strike off your defunct private limited company:

• Board Meeting:
  • Hold a Board Meeting and pass a resolution to approve the proposal to strike off the company.
  • Ensure that the financial records indicate that the company has not been carrying on business for the preceding two years.
• File Form STK-2:
  • File the application for striking off with the Registrar of Companies (ROC) in Form STK-2.
  • Include the following documents along with the application:
  • Affidavit confirming that the company has not been carrying on any business for the last two years.
  • Indemnity bond (if applicable).
  • Proof of the company's assets and liabilities.
  • Resolution passed by the Board of Directors.
• Notice in Newspaper:
  • Publish a notice in a newspaper (one in English and one in the regional language) about the proposed strike-off.
  • The notice should state that any objection to the strike-off should be submitted to the ROC within 30 days.
• ROC Scrutiny:
  • After the notice period, the ROC will scrutinize the application and documents submitted.
  • If there are no objections, the ROC will approve the application.
• Certificate of Striking Off:
  • Upon approval, the ROC will issue a certificate of striking off, indicating that the company has been dissolved.
  • This certificate serves as conclusive evidence that the company has been officially struck off the register.

It is essential to ensure that all outstanding debts and liabilities of the company are settled before initiating this process, as any unresolved issues may lead to complications. The relevant sections of the Companies Act, 2013 that govern the striking off process include Section 248 (Power of Registrar to remove name of company from register) and Rule 4 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.