Annual filing

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Querist : Anonymous

Querist : Anonymous (Querist)

22 October 2013 Dear experts,

A company has not been filing its annual return since past 6 years.

The Company now wishes to file its annual return for the six years.

The Company status on MCA is Dormant.

What is the procedure that the company will have to follow to file its annual accounts for 6 years.

Thanks and Regards.

Ajay Mishra

Ajay Mishra (Expert)
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22 October 2013 You will file following forms with ROC of last 6 years with additional fee.

1. Form-23AC (Balance Sheet with Director and Auditor Report) will be filed within 30 days from the date of AGM.
2. Form-23ACA (Profit & Loss A/c) will be filed within 30 days from the date of AGM;
3. Form-66 (Compliance Certificate) will be filed within 30 days from the date of AGM,
4. Form-20B (Annual Return) will be filed within 60 days from the date of AGM

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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22 October 2013 File Form 61 with MCA using the option " Normalising the Dormant Company" attaching there with an application and a notarized affidavit in support of the application.

Post approval 21 days will be given to file the Annual returns and B/s , p&l etc., of six years in your case.

If filing is completd,the Status of company will change from 'dormant' to 'active in process' and then to 'active' upon approval of the filed forms viz., 20B, 23AC, 23ACA and 66, if any.

Ganeshbabu K

Ganeshbabu K (Expert)
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22 October 2013 what about appointment of auditor form 23b filings for those years
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is it ok to do all documents back dated with additional filing fee
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kindly guide how to go ahead about dates in all these documents

Querist : Anonymous

Querist : Anonymous (Querist)

22 October 2013 Thankyou Mr B C. Warrier.
Can u please provide me a draft of the application that is made to the ROC for the same.

What should be the value of the stamp paper.

Thankyou.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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22 October 2013 Ganesh Ji

Answer is reserved being an open forum.

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Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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22 October 2013 To
The Registrar of companies, Karnataka
Company Law Bhawan
Bangalore - 500001

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 31/03/2007. 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, Karnataka may be 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 2007-08 to 2012-13 and pray that the Registrar of Companies, Karnataka 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.
Thanking you
Place.
Yours faithfully Date. Sd/-
........
(Mg. director)
PS;- Please modify the above draft according to your company's reasons for delay.

Non Judicial stamp paper worth Rs. 100/- will suffice.

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