Stk-1 companies act, 2013

U need to complete annual filing and then file for closure of company. For this, u have to revert ROC by sending an initial reply that filing wil be completd and then we will be filing for FTE. Once u complete all the filing, give next reply and send copy of challan along with that as proof

First Give clarity-
For what you want additional time from ROC?

In this case,
If you want to continue the company - give reply letter to the ROC (Reply to Form STK-1) stating that we are interested to carry on business and will file annual filings within stipulated time.

ROC won't strike off company name immediately, it will give 3 notices to defaulted company, gap between each notices shall be 1 month.
Before all these, go and approach the registrar at ROC office about your intention.

If you don't want to carry on business and want ROC to strike off name of company. Then intimate the same to ROC, Though you don't intimate or reply to them, ROC will take further steps to strike off of name of company.

Anyhow for the default of company in filings of Annual Documents for 3 consecutive FYs (specified under Section 92 & 137) with ROC- will amount to disqualification of Director under provisions section 164(2) of companies Act, 2013 and rule 14 of Companies (Appointment and Qualification of Directors) Rules, 2014.

He shall be disqualified for 5 years in this company as well as other companies where he is acting as Director. Also he will be disqualified from directorship of other companies by virtue of this provision.

ROC is not giving additional time of 10 days to us. They are saying that we had sended list of defaulting companies to ministry for strike off and ROC officials are saying they also do not know when company will get struck off.
Our Company status is active till now.
Please tell should we do annual filing ...?

it may happen we do annual filing and afterwards if ministry struck off the company after annual filing.

Still u should reply to ROC about the facts. n also complete annual filing on urgent basis

I think They are looking for bribe.

No company shall be struck off immediately (in span of 10days) which has active status now. You can approach ROC with relevant period financials of the Companies for furthermore.

Dear All

Same notice is issued to one of our company. but we havent filed any Income tax return from last two year  i.e FY 2015-16 & 2016-17.

and we havent file any annual report and any other report to Roc since formation.

now we want save our company.now what to do.

pls advice

 

First of all reply to ROC on urgent basis that u want to continue business and will be completing filing and thereafter will revert again after completing it vd all the relevant challans. Also u should complete all ur filings at earliest to avoid strike off of ur company