Close a Pvt. Ltd. Company

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This query is : Resolved

Megha Gupta (Querist)

23 February 2009 Hello everyone, Please let me know the full procedure to close a Pvt. Ltd. Company which was incorporated in December,2005 and there is no transaction done by the Company , no AGM,EGM,BM was conducted. in nut shell no operation done by the company till date but still activited.

also tell is there any form required to be submitted with ROC?

CS Vivek Hegde

CS Vivek Hegde (Expert)

23 February 2009 Megha

The procedure is u need to file an application u/s 560 of the Companies Act requesting ROC to strike off the name of the Company.. The condtions are u have to file annual returns, accounts for all years and u should not have any bank balance in the account(a marginal amount is okay)

rgds

Vivek

Megha Gupta

Megha Gupta (Querist)

23 February 2009 sir, but there is no annual return and accounts prepared by the company also no auditor was appointed hence no auditor's report and there is no Account in the name of the Company.

now Pls tell what to do?

CA.Tarun Maheshwari

CA.Tarun Maheshwari (Expert)

23 February 2009 Then first of all, you need to complete all ROC related documents. From your explanations it seems that even DIN 3 form is not yet filed. And you can not do any MCA related work until DIN 3 is filed. So file Annual returns and accounts for all years with penalties. Otherwise, you shall not be able to wound it up.

CA.Tarun Maheshwari

CA.Tarun Maheshwari (Expert)

23 February 2009 Bank Account is not necessary. if it is non working company then, the paid up capital must have been brought in Cash. Then there should be cash balance in the company. It shall be enough to show it in the books.

CS Vivek Hegde

CS Vivek Hegde (Expert)

24 February 2009 You should follow following steps:

1. Get the DIN for all the Directors
2. Get Digital Signature for any one of the Directors
3. File Form DIN 3(After attaching DIN 2)
4. Appoint an auditor and get all the accounts prepared
5. File all the returns and accounts with ROC
6. U can file 560 application with ROC by attaching affidavits etc.

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