Dormant status
This query is : Resolved
04 April 2012
Please can anyone provide me the affidavit and aplication format in regard with the supporting attachement of form-61(for NORMALISING THE DORMANT STATUS OF COMPANY).
Thanking in advance
Thanking in advance
04 April 2012
Please see format of affidavit to be executed in Rs.100/- worth non judicial stamp paper.
AFFIDAVIT
Before THE REGISTRAR OF COMPANIES, KERALA
I ……………, holder of DIN…………, aged 56 years, son of …… ……., presently residing at ………………………………………. ………….do hereby solemnly affirm and state as under:
1. That I am the Managing Director of …………….. Plantations Private Limited ( here in after called ‘the company’), a company registered with CIN………… under the Companies Act, 1956.
2. That I am fully conversant with the facts deposed to below.
3. That the company has filed its annual returns and financial statements before the Registrar of Companies, Kerala up to and including the financial year 2004-05.
4. That the company could not file the annual returns and financial statements from financial year 2005-06 onwards in time and till today they are pending for filing for the detailed reasons stated in the application accompanying the affidavit.
5. That the company in their board meeting held on …….. decided to update the pending returns to be filed before the Registrar of Companies, Kerala.
6. That the company could not file the said returns since the status of the company in the master data stands as ‘dormant’.
7. That the company has to electronically file form 61 along with a detailed application supported by an affidavit for normalizing the ‘dormant’ status.
8. That the company shall up date its records before the Registrar of Companies, Kerala, within 21 days from the date of approval of this application.
I ……………, the above named deponent do hereby declare and verify that the contents of paragraphs 1 to 7 are true and correct to my knowledge and contents of paragraphs 8 is my submission to the Registrar of Companies, Kerala and nothing material has been concealed, and no part of it is false.
Verified at ………. on ….. th day of ……., 2012.
DEPONENT
Solemnly affirmed and signed before me by the above named deponent at my office at ……………… on this the … th day of ……… 2012.
NOTARY PUBLIC
AFFIDAVIT
Before THE REGISTRAR OF COMPANIES, KERALA
I ……………, holder of DIN…………, aged 56 years, son of …… ……., presently residing at ………………………………………. ………….do hereby solemnly affirm and state as under:
1. That I am the Managing Director of …………….. Plantations Private Limited ( here in after called ‘the company’), a company registered with CIN………… under the Companies Act, 1956.
2. That I am fully conversant with the facts deposed to below.
3. That the company has filed its annual returns and financial statements before the Registrar of Companies, Kerala up to and including the financial year 2004-05.
4. That the company could not file the annual returns and financial statements from financial year 2005-06 onwards in time and till today they are pending for filing for the detailed reasons stated in the application accompanying the affidavit.
5. That the company in their board meeting held on …….. decided to update the pending returns to be filed before the Registrar of Companies, Kerala.
6. That the company could not file the said returns since the status of the company in the master data stands as ‘dormant’.
7. That the company has to electronically file form 61 along with a detailed application supported by an affidavit for normalizing the ‘dormant’ status.
8. That the company shall up date its records before the Registrar of Companies, Kerala, within 21 days from the date of approval of this application.
I ……………, the above named deponent do hereby declare and verify that the contents of paragraphs 1 to 7 are true and correct to my knowledge and contents of paragraphs 8 is my submission to the Registrar of Companies, Kerala and nothing material has been concealed, and no part of it is false.
Verified at ………. on ….. th day of ……., 2012.
DEPONENT
Solemnly affirmed and signed before me by the above named deponent at my office at ……………… on this the … th day of ……… 2012.
NOTARY PUBLIC
Message likes :
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04 April 2012
To
The Registrar of companies, Kerala
Company Law Bhawan
Cochin-682021
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 31/03/2004. 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, Kerala 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 2004-05 to 2010-11 and pray that the Registrar of Companies, Kerala 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.
The Registrar of companies, Kerala
Company Law Bhawan
Cochin-682021
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 31/03/2004. 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, Kerala 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 2004-05 to 2010-11 and pray that the Registrar of Companies, Kerala 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.
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