Certificate of commence of business

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Sudarshan (Querist)
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12 May 2016 Dear Sir,

A Public company was incorporated in 2009 and company has not start any business till now. So, company has never applied to obtain Commencement of Business certificate. Now company is going to start business activity. Section 11 of companies act, 2013 has been omitted as per Companies (Amendment) Act, 2015. My question is,how can company get the certificate of commencement of business now?

Pratik Shah

Pratik Shah (Expert)
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12 May 2016 You are not required to take certificate of commencement of business.

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Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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13 May 2016 Pratik Ji

Does 433(c) of 1956 act attracts .

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Sudarshan

Sudarshan (Querist)
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13 May 2016 Thanks Pratik Ji and Warrier Ji for such prompt reply.

Warrier Ji, I agree with you on applicability of section 433(c). But till now such proceeding has been started and no such application is pending in high court. So, now as on date, is it possible for the company to commence business by passing a board resolution after discussing all facts of delay and filed the same with ROC in MGT-14?

Pratik Shah

Pratik Shah (Expert)
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13 May 2016 Section 433 will be applicable only when Court starts process against the company. This section gives power to Court to order to wind up in certain circumstances, only if Court exercise it. Section has mentioned 'may' word in it.
I still feel that Company can start a business without obtaining Certificate of business.

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Sudarshan

Sudarshan (Querist)
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13 May 2016 Agree with Pratik JI.

Neeraj Sharma

Neeraj Sharma (Expert)
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14 May 2016 still court doesn't pass order to dissolve, hence it can be obtain certificate after passing resolution and payment of fees as prescribed. reason for non commencement will also be addressed to ROC

Sudarshan

Sudarshan (Querist)
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17 May 2016 Neeraj Ji, as on date no such form is available for application to obtain Certificate on ROC portal.

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