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Can a director of defunct pvt ltd Co use the name of Co

31 August 2019

A company is in default to file annual return and audited balance sheet and has not called any AGM for last 6 years. Still can it carry any business in the name of Co and can the director sign any document in capacity of Director?

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Jatin Bajaj (CS) (2928 Points)
Replied 31 August 2019

Subject to the provisions of section 455 of the Companies Act 2013, if the Company has not filed the annual return or financial statement for the two preceding financial year consequent to not holding an Annual General Meeting, the registrar shall take the note of the name of the Company in its registers maintained under the site of ministry of Corporate affairs and shall strike of the name of the Company if the Company has not fulfilled the requirements maintained under section 455 of the Companies Act 2013.