Mca notice received after name struck off

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

21 February 2017 Dear Experts,

Our company did'nt file financials since incorporation in 2010, though it has done negligiable business and file only income tax returns only.

We availed the fast track scheme and since no operations were done in last 15 months, the name of co was successfully strike off from mca.
after name strike off i am receiving notice from mca for default in filling financials uoto 2015,directors default etc.

please let me know this notice is valid.

How can mca send notice after it has removed the name from regitrar.

Thanks

Querist : Anonymous

Querist : Anonymous (Querist)

22 February 2017 Dear experts , need your advice on above querry

Aashok Kumar Sharma online

Aashok Kumar Sharma online

(Expert)
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03 August 2024 ### **Understanding the MCA Notice After Name Strike-Off**

1. **Validity of the Notice:**

- **Before Strike-Off:** Notices for non-compliance, including default in filing financial statements and annual returns, are typically issued before a company’s name is struck off from the MCA records. Once a company’s name is struck off, it is generally considered to no longer be in existence from a regulatory standpoint.

- **After Strike-Off:** If you receive a notice after the name has been struck off, it could be due to a delay in processing or updating records. The notice might have been generated based on records available before the strike-off was finalized.

2. **Why MCA Might Send a Notice:**

- **Processing Delay:** Sometimes, notices are generated and sent out before the strike-off is fully processed. The notice may have been in the system before the strike-off was completed.

- **Technical Error:** There could be a technical or administrative error causing the MCA to send notices despite the strike-off.

- **Compliance Records:** The MCA may still have records and processes in place for compliance and may issue notices for defaults that were identified before the strike-off request was processed.

3. **Steps to Handle the Notice:**

- **Verify the Status:** Check the official status of the company on the MCA website to confirm that the name is indeed struck off and that the records have been updated correctly.

- **Acknowledge the Notice:** If you have already received the notice and the company name is struck off, it is advisable to acknowledge receipt of the notice and inform the MCA about the strike-off status. This can be done through a formal communication, including attaching the proof of the strike-off.

- **Consult Professionals:** Contact a professional, such as a company secretary or a legal advisor, who can provide specific guidance and help address the notice formally. They can also help with drafting a response to the MCA if needed.

- **Record Keeping:** Ensure that you keep all records and correspondence related to the strike-off and the notices. This can be useful if any further questions or issues arise.

4. **Further Actions:**

- **No Further Action Required:** If the strike-off is confirmed and you have complied with all procedures, you generally will not need to take further action unless specifically advised by the MCA.

- **Dispute Resolution:** If you believe the notice was sent in error, you may need to formally dispute the notice with the MCA. This process may involve providing documentation and explanations regarding the company’s status.

### **Conclusion:**

Receiving a notice after a company's name has been struck off is unusual but not impossible due to administrative or processing delays. The best approach is to verify the status, consult with a professional, and address the notice as needed. Ensure you maintain clear communication with the MCA and keep detailed records of all related activities.

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