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Pvt ltd. default status

Vivek (Director) (29 Points)

02 June 2017

One of My friend has a company and It's Master Data on MCA Portal is giving Defaulting Status as: Defaulting in filing of Annual Return and Balance Sheet for the financial year 2011 - 2012, 2012 - 2013, 2013 - 2014, 2014 - 15 and 2015 - 2016. The company was registered in February 2011. Till last month there was not any defaulting status message on MCA Portal. Now what can be done.

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7 Replies

Priyanka Khurrana (8 Points)
Replied 02 June 2017

Firstly, plz confirm whether company received any notice or not from ROC?

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Vivek (Director) (29 Points)
Replied 06 June 2017

No! They had not yet received any notice from ROC

But ROC had issued a Public Notice. Which says:
Notice by Registrar for removal of name of a company from the register of companies

[Pursuant to sub-section (1) and sub-section (4) of the section 248 of the Companies Act, 2013 and the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016]

Public Notice No.ROC.HP/ 01 Dated. 31.03.2017
Reference:
In the matter of striking off of companies under Section 248 (1) of the Companies Act, 2013.
1. Notice is hereby given that the Registrar of Companies has a reasonable cause to believe that:-
(i) The following companies have not commenced business within one year of their incorporation. -NIL-(ii) The following (total 861) companies have not been carrying on any business or operation for a period of two immediately preceding financial years and have not made any application within such period for obtaining the status of dormant company under section 455.
-List of 862 companies are enclosed.
And, therefore, proposes to remove/strike off the names of the above mentioned companies from the register of companies and dissolve them unless a cause is shown to the contrary, within thirty days from the date of this notice.
2. Any person objecting to the proposed removal/striking off of name of the companies from the register of companies may send his/her objection to the office address mentioned here above within thirty days from the date of publication of this notice.
And the name of company is included in this list.

sakshi (SAKSHI MITTAL & ASSOCIATES) (76 Points)
Replied 06 June 2017

There are 2 solutions to this

1. If company has business operations and running than all the pending returns must be filed.

2. if company is not doing any business and keen on closing it than they must strike off the company.

you can e-mail me at sakshi1911 @ gmail.com for more information

Sakshi Mittal
Company Secretary

Vivek (Director) (29 Points)
Replied 06 June 2017

Thanks!
How much time do they have before ROC itself strike-off the company? And as the company is doing the business since 2011 and is defaulted since then what about penalties, fine or imprisionment.

sakshi (SAKSHI MITTAL & ASSOCIATES) (76 Points)
Replied 06 June 2017

show cause notice give 30 days time to reply. penalty is 12 times of actual fees. for ex if filing fees of single form is 600 than now it will be 600+600*12=7800.

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Vivek (Director) (29 Points)
Replied 06 June 2017

As the Public Notice on MCA21 website is Dated. 31.03.2017 so the expiry date was 30th April. And now 35+ days had been elapsed after it. And as per rule the First AGM Should have been within 18 Months of formation of the company. 5 years had been passed without any AGM. Is there any chance of imprisionment or heavy fine for the Directors.