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

Detailed Legal Analysis

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

The process involves several key steps and requirements which are as follows:

• Eligibility Criteria:
  • The company must not have any outstanding liabilities.
  • The company must not have any ongoing litigation or disputes.
  • All assets of the company must be disposed of or transferred before initiating the strike-off process.
• Board Resolution:
  • Hold a board meeting to pass a resolution for striking off the company.
  • Draft the minutes of the meeting to include the reasons for seeking the strike-off.
• Application to Registrar:
  • File Form STK-2 with the Registrar of Companies (RoC) along with the required documents.
  • Documents include:
  • A copy of the board resolution.
  • A declaration of the company’s status (no liabilities, no ongoing disputes).
  • Affidavit by directors confirming the company is not carrying on any business.
  • Statement of assets and liabilities.
• Publication of Notice:
  • The RoC will publish a notice in the official gazette and a newspaper about the proposed strike-off.
  • This notice serves to inform stakeholders and allows them to raise any objections.
• Final Approval:
  • If there are no objections received within 30 days from the publication of the notice, the RoC will approve the strike-off.
  • The company will then be officially dissolved, and a certificate of dissolution will be issued.

It's important to ensure compliance with all requirements to avoid any complications. Additionally, it is advisable to consult with a legal expert or company secretary for a smooth process. The relevant provisions can be found in the Companies Act, 2013, particularly Section 248, along with the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.