in case if Dormant company carrying on the Business within 7 days MSC4 Doesn't File To ROC . But ROC gets the information That company carrying on the Business and Violation of Law
(i) ROC Remove the Name from Dormant Register
OR
(ii) ROC Can Strike Off the Company ?
(i) Or (ii) or Both????
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Dormant company Remove
Replies (2)
Quick Summary
ROC can intimate the company for filing return for strike off of name from dormant company register. Otherwise if company doesn't reply anything then Registrar might issue penalty
If a dormant company is found carrying on business without filing MSC-4 (application for obtaining active status) within 7 days and the Registrar of Companies (ROC) becomes aware of the violation, the ROC has two options:
-
Remove the Company from the Dormant Register
The ROC can remove the company from the Dormant Register because the company no longer meets the criteria for dormancy as per Section 455 of the Companies Act, 2013. This action is logical because a dormant company is meant to remain inactive, and carrying out business activity breaches this status.
-
Strike Off the Company
If the ROC finds that the company is not compliant with provisions of the Companies Act or has contravened other applicable laws, it can initiate action under Section 248 to strike off the company. However, striking off is a more severe action and is typically taken for reasons like non-filing of returns, inactivity, or violation of compliance rules.
Seeking professional help is always advisable!
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