29 June 2013
For what purpose you are filing application to the ROC. The attachment will be different for every application.
But Application is mandatory attachment for Form-61.
You can file application in Form-61 for following purpose:
- Compounding of offences - Extension of period of annual general meeting by three months under section 166(1) - Extending the period of annual accounts upto eighteen months under section 210(4) Declaring a defunct company under section 560 -Scheme of arrangement, amalgamation - Normalising a dormant company (including appplication u/s 25(8))
30 June 2013
FORMAT OF APPLICATION TO REGULARISE STATUS OF THE COMPANY THAT HAS BECOME DORMANT.
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.