Sachin Verma (Director) 26 May 2020
I have a Pvt. Ltd co. Which was registered in year 2019 August with 3 directors including me. Company compliance is not done. Our 3rd partner is not cooperating with us . Bank account is not opened . No dues, no liablities, no billing nothing till now. I want to close this company me and my second partner are stucked because of our 3rd partner . We do not have funds to open bank account to complete compliance . So what is the way to save from panelties and without completing compliance how I can close this company.
Harish choursiya (Student cs professional ) 26 May 2020
As per my view the umpteen no. of non compliance are there like section
10A-declaration by director within 180 days from the incorporation ;
12- within 30 days from incorporation of the company; 1
73-convene board meeting within 30 days of incorporation and
List is inclusive there are many other provisions.
However in your case no bank account ,no liability in any manner so ROC has reasonable view to strike off the company as per the ground mention in 248(1).
So you could wait for ROC order for striking off the company or go directly by way of filing petition on its own subject to compliance of all related guidelines as mention in chapter 18 of the companies Act, 2013 and rules made thereunder.
Trust this clarify the situation.