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

Detailed Legal Analysis

To strike off a defunct private limited company in Aligarh, you need to follow a specific procedure as outlined under the Companies Act, 2013 and the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.

The process involves several key steps which are as follows:

• Eligibility Criteria: Ensure that your company meets the following conditions:
  • It has not commenced any business since its incorporation.
  • It is not carrying on any business or operations for two consecutive financial years.
  • It has no outstanding liabilities.
• Board Resolution: Hold a board meeting to pass a resolution for the voluntary strike off. This resolution must be recorded in the minutes of the meeting.
• Application for Strike Off: Prepare and file the application in Form STK-2 with the Registrar of Companies (RoC). This form needs to be accompanied by the following documents:
  • A copy of the board resolution.
  • A declaration by the directors that the company is not carrying on any business.
  • Indemnity bond signed by all directors.
  • Affidavit in Form STK-3.
• Fee Payment: Pay the required filing fee as prescribed in the Companies (Registration Offices and Fees) Rules, 2014. The fee may vary based on the authorized capital of the company.
• RoC Verification: The RoC will verify the application and documents submitted. If everything is in order, the RoC will publish a notice in the official gazette regarding the proposed strike off.
• Objections (if any): If any objections are raised by creditors or stakeholders, you must address those within a specified period. If no objections are received, the process continues.
• Final Order: Upon satisfaction, the RoC will issue a final order of strike off, and the name of the company will be removed from the register of companies, which will be notified in the official gazette.

It is essential to ensure compliance with all regulatory requirements to avoid any penalties or legal issues. For detailed reference, consult the Companies Act, 2013 (Sections 248-252) and the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.