RELATING TO INCORPORATION OF SECTION 8 COMPANY

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MOLSHREE JAIN (Querist)

04 May 2020 I have a question relating to incorporation of a section 8 company......

I am going through the case where, one of the directors of this company is holding directorships in other companies where one of them is "ACTIVE Non Compliant".

Question-
1). So what necessary steps to be taken before incorporation of section 8 company bearing in mind the validity of him holding such directorship in such "ACTIVE Non Compliant company".

2). Will "Active Non Compliant" status of that company will affect indirectly or directly the incorporation of section 8 company?

Can anyone help me out on this?

Aashok Kumar Sharma

Aashok Kumar Sharma

(Expert)

09 May 2020 I think Yes. It will affect as until the compliance are carried out.

Effects of Non Filing e-Form ACTIVE
1. The Company shall be marked as “ACTIVE-non-compliant.
2. A penalty of Rs.10,000.00 shall be levied for late filing of INC-22A.
3. No request for recording the following event based information or changes shall be accepted by the Registrar:
SH-07 (Change in Authorized Capital);
PAS-03 (Change in Paid-up Capital);
DIR-12 (Changes in Director except cessation);
INC-22 (Change in Registered Office);
INC-28 (Amalgamation, de-merger)
4. The Registrar will conclude has reasonable cause to believe that the company is not carrying on any business or operations
5. The Registrar can he may cause a physical verification of the registered office of the company in such manner as may be prescribed
6. The Registrar may without initiate action for the removal of the name of the company from the register of companies
7. Also, the company and every officer who is in default shall be liable to a penalty which may extent to one lakh rupees.

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