Company which have been incorporated in 2000 but since 2years is inoperative but have filled annual return till 2018 .
Can such company go for dormant status?
And under what criteria it can apply for dormant status as it as filled annual return with Roc till 2018 so sec 455 (1) cannot be applied
please answer what action can be taken
A company which is not doing any business for a couple of financial years and further does not intend to do any business in near future for up to five consecutive years can apply for a Dormant company status.
A company can apply for the dormant status only if it meets the following requirements:
No ordering or carrying out the inspection, inquiry, or investigation against the company. Also, there is no initiation of the prosecution and pending against the company in any court of law.
There is no outstanding payment on public deposits or interests, in the name of the company.
.There shouldn’t be any outstanding loan on the company, secured or unsecured. In case there is an unsecured loan, the lender’s consent should be enclosed with the form.
A certificate to the effect of no dispute or difference among the management and promoters of the company has to be enclosed.
.There are no outstanding tax dues to the central or state government or local authorities in the name of the company.
There should be no default in the payment of the company’ s workmen’s dues.
The company should not list itself on the stock exchange, within or outside India.
Procedure:-
1. Call a Board Meeting to fix date, time, venue for an EGM.
2. Pass SR at the EGM.
3. File MGT-14
4. File Form MSC-1
Attachments for MSC-1 :
The exact certified copy for the board resolution.
The exact certified copy for the special resolution.
The certificate from the auditor.
A statement of affairs, duly approved by the auditor or chartered accountant.
You must attach the Annual Return and the Latest Financial Statement compulsorily.
A certificate to the effect of declaring no dispute among the management or the ownership.
If there is any loan outstanding in the name of the company, the consent of the lender has to be attached.
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