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

Detailed Legal Analysis

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

Here is a step-by-step guide to accomplish this:

• Eligibility Criteria: Ensure that your company meets the criteria for striking off:
  • The company has not commenced any business for a period of two years.
  • The company has not been engaged in any operation or activity.
  • The company has no liabilities or outstanding dues.
• Board Resolution: Hold a board meeting to pass a resolution for striking off the company. This should be documented in the minutes of the meeting.
• Filing Form STK-2: Prepare and file Form STK-2 with the Registrar of Companies (RoC) along with the following documents:
  • Affidavit by directors confirming that the company is not carrying on any business.
  • Indemnity bond from the directors.
  • Copy of the board resolution.
  • Statement of assets and liabilities.
  • List of shareholders and their consent for striking off.
• Publishing Notice: The RoC will publish a notice in the Official Gazette, informing the public about the proposed strike-off. This is to give an opportunity to any person affected by the strike-off to raise objections.
• Approval from RoC: After 30 days from the publication of the notice, if no objections are received, the RoC will strike off the company and issue a certificate of dissolution.
• Final Steps: Collect the certificate of dissolution. Ensure that all records of the company are retained for a period of 8 years as per the Companies Act, 2013.

It is essential to comply with all legal requirements to avoid any future liabilities. The relevant provisions for the strike-off of a company can be found in Section 248 of the Companies Act, 2013 and the applicable rules under the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.