REMOVAL OF NAME OF PRIVATE LIMITED COMPANY

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This discussion addresses whether an inoperative private limited company, formed eight years ago and inactive since April 2019, can be struck off, especially when it has an unsecured loan and assets. While the company cannot voluntarily file for strike-off under Section 248 of the Companies Act 2013 due to not meeting the specified grounds, the Registrar may initiate the process suo moto if the company is found to be non-operational after physical verification. It's recommended to consult an auditor for specific guidance.

Manisha Jain

Manisha Jain (Querist)
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14 January 2020 A COMPANY FORMED 8 YEARS AGO HAS BEEN INOPERATIVE SINCE APRIL 2019. IT HAS UNSECURED LOAN AND ASSETS. CAN THE COMPANY BE STRIKE OFF . IF YES, WHAT PROCEDURE AND ATTACHMENTS WILL BE REQUIRED. PLZ CAN ANY ONYONE HELP ... REPLY AT THE EARLIEST

RAJA P M

RAJA P M (Expert)
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15 January 2020 Better to consult Your auditor...

Amol S Joglekar

Amol S Joglekar (Expert)
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15 January 2020 https://vakilsearch.com/advice/procedure-to-obtain-status-of-a-dormant-company/

please check section 455 of Companies Act 2013.

Devershi Gupta

Devershi Gupta (Expert)
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15 January 2020 Hello Ma'am,
As per section 248 ground for strike off can be either of the following:
1. a company has failed to commence its business within one year of its incorporation
2. a company is not carrying on any business or operation for a period of two immediately preceding financial years and has not made any application within such period for obtaining the status of a dormant company
3. the subscribers to the memorandum have not paid the subscription which they had undertaken to pay at the time of incorporation of a company and a declaration to this effect has not been filed within one hundred and eighty days of its incorporation under subsection (1) of section 10A
4.the company is not carrying on any business or operations, as revealed after the physical verification carried out under sub-section (9) of section 12.

In your case, the company does not have any of the valid ground. So technically Co. can't file STK -2 on it's own.
The Registrar can start the process of strike off suo moto on the basis of ground no. 4
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