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

Detailed Legal Analysis

To strike off a defunct private limited company in Thoothukudi, you need to follow the procedure prescribed under Section 248 of the Companies Act, 2013.

The process of striking off a private limited company involves several steps, which are as follows:

• Eligibility Check: Ensure that your company meets the criteria for striking off, which includes:
• The company has not commenced any business or operations for the last two financial years.
• The company has not made any application under the Insolvency and Bankruptcy Code, 2016.
• The company has no outstanding dues to the government or any statutory body.
• There are no pending legal proceedings against the company.
• Board Resolution: Pass a board resolution for the decision to strike off the company. This should be documented in the minutes of the meeting.
• Application for Strike Off: File an application with the Registrar of Companies (RoC) using Form STK-2, along with the following documents:
• Copy of the Board Resolution.
• Affidavit in Form STK-4 from the directors.
• Indemnity Bond in Form STK-5.
• Statement of accounts showing nil assets and liabilities.
• Copy of the latest financial statements and annual returns.
• Payment of Fees: Pay the requisite fees as prescribed under the Companies (Registration Offices and Fees) Rules, 2014.
• Publication of Notice: The RoC will publish a notice in the official gazette and on the company’s website regarding the proposed strike-off. This serves to inform any stakeholders and allow them to raise objections if any.
• Objection Period: After the notice is published, a period of 30 days is given for any objections to be raised against the strike-off application.
• Certificate of Strike Off: If no objections are raised, the RoC will process the application and, upon satisfaction, issue a certificate of strike off, officially dissolving the company.

It is essential to ensure compliance with all statutory requirements during this process to avoid any legal implications. The relevant provisions can be found in the Companies Act, 2013, specifically Sections 248 to 252, which govern the striking off of companies.