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

Detailed Legal Analysis

To strike off a defunct private limited company in Shillong, you must follow a specific procedure as outlined in the Companies Act, 2013, particularly under Sections 248 to 252.

The process involves several steps, which are detailed below:

• Eligibility Criteria: Ensure your company meets the following conditions:
  • The company has not carried on any business for the last two financial years.
  • There are no outstanding dues to the tax authorities or any other statutory body.
  • There are no pending litigations against the company.
• Board Meeting: Hold a board meeting to pass a resolution for striking off the company. The resolution should state the reasons for the closure and the decision to apply for the strike-off.
• Filing of Form STK-2: File Form STK-2 with the Registrar of Companies (RoC) along with the following documents:
  • Copy of the board resolution.
  • Indemnity bond and affidavit from the directors.
  • Statement of accounts up to the date of closure.
  • Consent of all shareholders for the strike-off.
• Publication of Notice: After the application is received, the RoC will publish a notice in the Official Gazette and on the company’s website. This notice serves to inform the public and allows for any objections to be raised.
• Response to Objections: If any objections are raised, the company must address them. If there are no objections, the RoC will proceed with the strike-off.
• Certificate of Strike Off: Once the RoC is satisfied that all compliance requirements are met, it will issue a Certificate of Strike Off, officially dissolving the company.

Relevant provisions can be found in:

• Companies Act, 2013: Sections 248 to 252 outline the process for striking off a company.
• Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016: These rules provide further procedural details.

It is advisable to consult a legal professional or a company secretary for assistance throughout this process to ensure compliance with all legal requirements.