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

Detailed Legal Analysis

To strike off a defunct private limited company in Chandigarh, you need to follow the procedure laid out under the Companies Act, 2013, particularly Section 248. This process can be initiated either by the company itself or by the Registrar of Companies (RoC) under certain conditions.

The following steps outline the procedure for voluntary striking off:

• Eligibility Criteria: Ensure that your company meets the following conditions:
  • The company has not commenced any business activity; or
  • It has ceased operations for a period of more than one year.
  • There are no outstanding liabilities.
• Board Meeting: Convene a Board Meeting to pass a resolution for striking off the company. This should be documented in the minutes of the meeting.
• Prepare an Application: Prepare Form STK-2, which is the application for striking off the company. This form must include:
  • Details of the company, including its name and registration number.
  • Reasons for striking off.
  • Declaration of no outstanding liabilities.
  • Consent of shareholders.
• Obtain Shareholder Approval: Convene a General Meeting to obtain approval from shareholders. A special resolution must be passed for striking off the company.
• File with RoC: File the application (Form STK-2) along with the necessary documents, including:
  • Copy of the Board resolution and special resolution.
  • Affidavit confirming that the company has no debts.
  • Indemnity bond.
• Publication in Official Gazette: Upon acceptance, the RoC will publish the notice of striking off in the Official Gazette. This will also be displayed on the RoC's website.
• Finality of Striking Off: After a period of 30 days from the publication, if no objections are raised, the company will be struck off from the register of companies, and a formal notification will be issued.

It is advisable to consult with a company secretary or legal professional to ensure compliance with all legal requirements and to facilitate the process smoothly.