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

Detailed Legal Analysis

To strike off a defunct private limited company in Davangere, you must follow the procedure outlined in the Companies Act, 2013, specifically under Section 248.

The process for striking off a company involves several steps and compliance with specific requirements:

• Eligibility Criteria: Ensure that your company meets the following criteria:
  • The company has not commenced any business activity for the past two financial years.
  • There are no outstanding liabilities, including loans, dues, and taxes.
  • The company has made all necessary filings with the Registrar of Companies (RoC).
• Board Resolution: Convene a board meeting to pass a resolution for the proposal to strike off the company. The resolution should state the reasons for striking off and the confirmation that the company has no debts.
• Filing with RoC: File Form STK-2 with the Registrar of Companies. This form includes:
  • A copy of the board resolution.
  • A declaration by the directors confirming compliance with the eligibility criteria.
  • Affidavit confirming that the company has no outstanding dues.
• Publication of Notice: The RoC will publish a notice in the official gazette and a newspaper regarding the proposed strike-off, providing a 30-day window for any objections to be raised.
• No Objections: If no objections are received within the stipulated time, the RoC will proceed to strike off the name of the company from the register.
• Certificate of Strike Off: Upon completion of the process, the RoC will issue a Certificate of Strike Off, which serves as proof that the company has been dissolved.

It is important to note that if the company has any outstanding dues or liabilities, it cannot be struck off until they are settled. Additionally, stakeholders must ensure all compliance regarding tax filings and other regulatory requirements are up-to-date to avoid complications.

For further reference, you may look at the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016, which provides detailed procedures for striking off companies.