Hi, I've an old company which did not file returns for last 2 financial years and therefore, the ROC sent a strike-off notice on 18th May, 2018.
The company does not do any business and has no operations since its incorporation in 2014, although we filed the compliances / returns for FY 2014-15.
Unfortunately, we did not reply to the STK-5 notice within the thirty days deadline.
We want to avoid the disqualification of directors.
My questions are:
1. Should we respond back to the ROC STK-5 notice now even though the thirty-day deadline has passed ?
2. If we do not reply back, and the ROC strikes off the company under section 248(1), will the directors get disqualified ?
3. Should we voluntarily file the STK-2 now for strike-off under Section 248(2), to avoid any issues ? Can we voluntarily file STK-2 now given the ROC is already striking off the company under Section 248(1) ?
4. How long after the STK-5 notice, does it take the ROC to strike-off the company via STK-7 ?
5. Should the company file annual returns this year to avoid disqualification of directors under section 164(2) (non-filing of returns for 3 years) ? Or should we assume the company would be striked off because of the STK-5 notice in May ?
I would be very grateful for your help on any of these.
Thank you
CAclubindia
