Sec 560 of companies act

Pvt ltd 1397 views 5 replies

 

 

i had a company registerd as a pvt ltd company some 10 years back. but due to some circumstances the company become inoperational within a few months around 1998.

but the company closure information was not send to the ROC.

yesterday i received a letter from ROC with the following details:

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Reference: In the matter of the Companies Act, 1956.

1. Pursuant to section 560(1) of the Companies Act, 1956 I have to enquire whether your company is carrying on business or in operation. 
 
 

2. If the company is not carrying on business or in operation then it will be my duty on receiving a letter to that effect, to publish in the Official Gazette and send to the company a notice that at the expiration of three months from the date of that notice the name of the company will be struck off the Register kept in my office and the company will be dissolved. 
 

3. It will however be seen on reference to sub-section (5) of section 560 of the said Act, that this dissolution is subject to the provisions sthat the liability (if any) of every director and members of the Company shall continue and may be enforced as if the company had not been dissoved. 
 

4. I shall be glad to receive a reply to this enquiry within a month from the date of this letter. 
 


Registrar of Companies 
 

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as per now, the company is completly operational and no business at all, the balance sheets are also filed with Roc .

what i should do, so that the comapny name to not get struck off from the ROC register.wht i shud reply  to this letter if the company in operation.

Plz help.

thanks.

regards

Rishi

Replies (5)

Hello,

Have you filled all the Balance sheets & Annual Return with the ROC??,, Its not possible, if you have filled all the BS & AR,, You inform me the status of the Company on MCA portal or can provide me CIN of the Company so i will check for you n inform you,, 

.

Coz as u said you have filled , then it cnt be struck off,, ROC can't give any such notice if you have filled all balance sheets and Annual Return.

yes, i have filled all the balance sheets & Annual Return with the ROC. the status of the co on mca portal is active. 

ROC sent this letter to the company on 10/05/12

Can Roc enquire the copmany if co is not defaulting in filing of B/s & A/r ? whether co is carrying business or in operation?

 

 

 

First of all as u mentioned letter is of dated May, 2012, and ROC ask you to reply within a month, which expires n you have yet not reply still company's status is active!

and Second thing if you have filled all things then,It is not possible actually,,,, 

Now, if you have filled all the things you jus do one thing, get the print out of Master Data,, as proof that you have filled all the Bs & AR and attached with a letter explaning that due to some internal problem company cnt file its BS & AR but now has filled all the required BS & AR,,and company doesnt want to strike off under Section 560. lyk ,,,,,,

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And send the letter along with master data to the Your Concern ROC.

thanks Miss Disha Shah.

You welcome,, now do the things earliest...


CCI Pro

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