Pvt Ltd Missing Annual Returns

Pvt ltd 474 views 2 replies

Hi,

I am new to this site and i am looking for a legal advice from the experts here -

What do we do in case the annual returns (filed b/w 1991 to 2006) of a pvt ltd company is missing from the ROC and no records exists with the previous auditor of the company.

I want to ascertain the status of the share holders during this period.

can I trace these through any other source?

Any suggestion would be really helpful.

Thanks!

Replies (2)

Maintenance of statutory records of the co. is responsibility of co. and not of auditor.  You can inspect annual return or Members Register of relevant period u/R 14/16 of Companies (Management & Admn.) Rules 2014 and obtain certified copies thereof.  In case of default by co., complaint can be made to ROC.

Originally posted by : P C Agrawal
You can inspect annual return or Members Register of relevant period u/R 14/16 of Companies (Management & Admn.) Rules 2014 and obtain certified copies thereof.  In case of default by co., complaint can be made to ROC.

Sir are you referring to companies act? and from which authority do i obtain the certified copies from?

As I have said I already checked with the ROC and they dont exist, the ROC claimed that since the records are more than 7years old it might have been destroyed.

The files have gone missing (b/w 1991 to 2006) and the new directors currently running the company have submitted false records to the ROC in 2006.

I do not understand how do i dispute this. What records will help me in such a scenerio? and what is recommended process.


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