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Disqualified Director vs Designated partner

619 views 2 replies
Dear Sir,

I am presently director in a private company, which has neitherfiled any form since it's incorporation (2106) nor financial statements for those years....

Now I want to form a LLP in which I will be a Designated partner.

Please suggest me whether It is possible under the concerned Law...

And please also suggest how to strike off Name of company in ROC
Replies (2)
For strike off
if company donot carry-on business
if company donot file FS+AR from 2 consecutive years if company donot file Inc 10
incase of Company Special Resolution will pass incase of llp Affidavit of designated partner + consent of all partners
I think you're not eligible for becoming partner in LLP as the company has not been filed the financial statements for consecutive 2 years and not filed any forms also not doing any activities then you're company is eligible for strike off by Registrar.

Holding of Board Meeting:
The passing of Board Resolutions has been mandated for major enactments in the corporate sphere.



Closing of liabilities:
A company desirous of a strike off must have closed off all its liabilities.



Holding of General Meeting:
A general meeting of shareholders should be held by the company by passing a resolution for striking off the name of the Company.



Furnishing of Applications and documents:
Companies on the pursuit of strike-off must file an application to the Registrar of Companies (ROC), accompanied by the following documents:

Indemnity Bond duly notarized by all directors (in Form STK 3).
A statement of liabilities comprising of all assets and liabilities of the companies (certified by a Chartered Accountant).
An affidavit in Form STK 4 (by all directors of the company).
CTC of Special Resolution (duly signed by every director of the company).
A statement concerning any pending litigations with respect to the company.


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