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Mca-form 61

prathiba (company secretary) (259 Points)

18 September 2011

Hi All,

A private ltd co; had its status as 'dormant' in the MCA portal due to non-filing of annual accouns for 06-7 and 07-08.. It filed form 61 for regularising its status to Active.However, it failed to file the annual accounts within 21 days of filing form 61. Now, the company status is again dormant in the MCA portal. So,should I once again file Form 61?

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5 Replies

* Krishna * (CA Student) (6149 Points)
Replied 18 September 2011

Placed below is the extract taken from MCA Eform-61 instructions:

In case the application is for Normalising a Dormant company:

Those companies which have not filed both annual returns and balance sheets for the financial years 2006-07, 2007-08, 2008-09 (i.e. has not done any of the six required filings) then these are treated as Dormant Companies.

A dormant company desirous to regularise its filing can apply for normalising by selecting the option for ‘Normalising a dormant company’. After approval of the application, the company shall be provided 21 days to file all the annual return and balance sheets for the required financial years. In case all the required filings are done within 21 days, then the status of the company shall be changed to ‘Active’. However, in case, all the required filings are not done within 21 days, status of the company shall be changed back to ‘Dormant'.

Based on the above instructions, in my view, it appears that you should file the eform-61 again in order to change its status to Normal. Because in case of delayed filing beyond 21 days, they have not even mentioned the delayed charges. Let others comment.