11 October 2012
I have a Company Incorporated in 2005 in West Bengal. The forms 23AC and 23 ACA has not been filed since 2006-07. As a result the e filing status of the Company in mca website is being shown as Dormant. I want to change the status to Active and file all my documents. Kindly tell me the procedure for the same and in case any attchments is required with any form can I get the format of such attachments.
11 October 2012
File e-form 61. An application supported by a notarized affidavit executed in Rs. 100 worth non judicial stamp paper shall accompany as an attachment. If form is approved, 21 days time will be granted to up date pending e-filing. After filing is completed and approved, status will change to 'active'.
11 October 2012
Please see the format of an affidavit to be executed in Rs. 100/- worth non judicial stamp paper.
AFFIDAVIT
Before THE REGISTRAR OF COMPANIES, KERALA
I ……………, holder of DIN…………, aged 56 years, son of …… ……., presently residing at ………………………………………. ………….do hereby solemnly affirm and state as under: 1. That I am the Managing Director of …………….. Plantations Private Limited ( here in after called ‘the company’), a company registered with CIN………… under the Companies Act, 1956.
2. That I am fully conversant with the facts deposed to below.
3. That the company has filed its annual returns and financial statements before the Registrar of Companies, Kerala up to and including the financial year 2004-05.
4. That the company could not file the annual returns and financial statements from financial year 2005-06 onwards in time and till today they are pending for filing for the detailed reasons stated in the application accompanying the affidavit.
5. That the company in their board meeting held on …….. decided to update the pending returns to be filed before the Registrar of Companies, Kerala.
6. That the company could not file the said returns since the status of the company in the master data stands as ‘dormant’.
7. That the company has to electronically file form 61 along with a detailed application supported by an affidavit for normalizing the ‘dormant’ status.
8. That the company shall up date its records before the Registrar of Companies, Kerala, within 21 days from the date of approval of this application.
I ……………, the above named deponent do hereby declare and verify that the contents of paragraphs 1 to 7 are true and correct to my knowledge and contents of paragraphs 8 is my submission to the Registrar of Companies, Kerala and nothing material has been concealed, and no part of it is false.
Verified at ………. on ….. th day of ……., 2012.
DEPONENT
Solemnly affirmed and signed before me by the above named deponent at my office at …………… on this the … th day of ……… 2012.
11 October 2012
Please see a specimen of the detailed application.
To The Registrar of companies, Kerala Company Law Bhawan Cochin-682021
Sir
Sub:- Request to change status
Ref:- CIN .........
The company was incorporated on .... with the object of doing business as planters and plantation developers. The company had filed its annual returns and financial statements up to the financial year ended on 31/03/2004. Thereafter the company failed to file the statutory returns leading the status of the company as 'dormant' in the master data maintained by the Ministry of Corporate Affairs. The reason for non filing the statutory returns in time are as follows:- i) the estate in which the company is carrying its operations is situated in a remote area in .... reserve forests. The director's are also residing there, wherein the modern communication facilities are not yet reached. The meager communication facilities have partly led to the delay in compliance of legal matters. ii) there is practically no revenue generation due to paucity of working capital and labour unrest which has negatively affected the liquidity of the company in meeting the cost of legal compliances. The Registrar of companies, Kerala may please be note that the delay on the part of the company was not intentional but was due to the aforesaid reasons which was beyond the control of the company. The company is taking an earnest effort to regularize the pending compliances for which filing of e-form 61 is mandatory which leads to this detailed application.
The company, therefore, seek condonation for the delay in filing the annual returns and financial statements for the financial year 2004-05 to 2010-11 and pray that the Registrar of Companies, Kerala may be pleased to allow the company to file the belated documents by changing the status of the company from 'dormant' to 'active in progress' at the earliest. The company is attaching a notarized affidavit in support of this application assuring that the compliance will be completed with in the permitted time itself. Thank you
07 November 2012
In case the balance sheet i.e, 23AC, ACA was not filed and so the status has changed to dormant in the MCA website, just a signed application needs to be attached in form 61 and the registrar will give you 21 days time for filing of missing forms. No affidavit is required. It is a very simple process.
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