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

Detailed Legal Analysis

To strike off your defunct private limited company in Jabalpur, you need to follow a specific procedure as outlined under the Companies Act, 2013. The process can be initiated under Section 248 of the Act, which allows a company to apply for removal from the Registrar of Companies (RoC) if it has not commenced business or has ceased to carry on its business for a period of two years.

Here are the steps to follow for striking off your private limited company:

• Eligibility Criteria:
  • The company must be a defunct private limited company that has not carried out any business operations for the last two years.
  • All outstanding dues, including taxes and other liabilities, should be cleared.
  • There should be no pending litigations against the company.
• Board Resolution:
  • Hold a board meeting and pass a resolution to approve the striking off of the company.
  • Ensure that all directors consent to the resolution.
• Filing Form STK-2:
  • Prepare and file Form STK-2 with the RoC along with the required documents.
  • Documents required include:
    • Copy of the board resolution.
    • Affidavit by the directors stating that the company has not carried on any business for the last two years.
    • Declaration of the company’s assets and liabilities.
    • Indemnity bond.
• Notice and Publication:
  • Once the application is filed, the Registrar will publish a notice in the Official Gazette and on the company’s website.
  • This notice will inform the public and allow any objections to be raised within a specified period.
• Certificate of Dissolution:
  • If no objections are raised, the RoC will issue a Certificate of Dissolution.
  • This certificate is the final confirmation that the company has been struck off the register.

It is advisable to consult with a legal professional to ensure compliance with all legal requirements and to address any specific issues related to your company's situation.