Notice sent by registrar under section 560 (3) to strike off

CA Lukesh Sethi (CHARTERED ACCOUNTANT) (150 Points)
Replied 14 December 2012

Dear Sir,

Please let me know that whether ROC has given any option to file your ROC returns in notice. If any option is not given, then we can file an appeal to CLB and ROC to stay on proceeding of striking off. and file the returns of three years. And maximum penalty will be 9 times of normal fees for filing this form.

Regds

CA Lukesh Sethi (CHARTERED ACCOUNTANT) (150 Points)
Replied 15 December 2012

Dear Sir,

You can contact me on 8800849054, or mail id : lukeshsethiaca @ gmail.com

CS Amit Kumar (CS) (463 Points)
Replied 15 December 2012

Dear As per section 560, ROC issue a notice and give an opportunity to reply under subsecion (1) and (2).

anyway, In this case, i request you to please update all of us also so we could also suggust in future to any other professional colleague.

Regards,

Riddhi Thakkar (Manager - Legal and Secretarial) (121 Points)
Replied 15 December 2012

Ideally when a notice under Section 560(3) is given, either you can file your returns and change the status of your Company on the MCA Portal from Dormant to Active. For this 1st you wil have to file form 61 asking the ROC to change your Company status, after which you will be given 21 days to clear your filings and thus your Company will remain on the rolls of the Registrar. Or if you dont want to file returns, then let the ROC takes its due course and struck off the Company.

It is entirely on the management of the COmpany whether they want to keep their Company functioning or no.

Late fees for Annual Fillings will be Rs. 5000/- (Rupees Five Thousand Only) per form.

Vivek (Entrepreneur) (30 Points)
Replied 15 December 2012

I am greatful for your replies and time .

My scond question remains unanswered . If i let the registrar to take its due course i,e striking off the company name . What will be the consquences .

1 .Will directors be put in defaulter list .

2. Will any proceedings be initiated against director or company .

3. Will the direcotors be able to form a company in future .

Thanks

Riddhi Thakkar (Manager - Legal and Secretarial) (121 Points)
Replied 15 December 2012

1. Yes, the directors will remain in Defaulters list till the Company gets struck off. But not after that. Since no Company exists, where will be a question of default?

2. No proceedings under any court or CLB will be initiated by the ROC unless you reply to their notice stating that you want a stay on the ROC notice for stricking off the name.

3. Yes, the Directors will be able to form a private limited Company in future. However, for Public Limited Companies, they will have to wait for 3 years after the default as they will be disqualified under Section 274(1)(g) of the Companies Act, 1956.

Shankar BA(Hons) (CS) (278 Points)
Replied 15 December 2012

Buddy,

Answer for your second question is:

1) Company Law Board (CLB) would issue orders to strike off your company to ROC

2) Would publish in MCA website and papers that the company is striked off.

3) Then the Directors name would be entered in defaulters list whereas it is connected with their DIN. So in future, if you want to incorporate a company, you have to do it with new Directors.

4) Directors whose name are in Defaulters list cannot act as Directors in other companies also.

5) Better you file an appeal first to ROC and then proceed to CLB, if needed.

See to that it is done as soon as possible.