Dormant Company under Companies Act, 2013 Who can file an - - PowerPoint PPT Presentation

Dormant Company under Companies Act, 2013

Who can file an application for obtaining the status of dormant?

A company formed & registered under Companies Act, 2013 Registrar in form MSC-1 Inactive Company Can file application For a future project or to hold an asset or intellectual property has no significant accounting transactions And A company which has not been carrying on any business/operation has no significant accounting Transactions during last 2 FY. has not filed financial statements and annual return during last 2 FY

Terms & conditions

Company can make an application in form MSC-1 along with fees to the Registrar after passing special Resolution in the general meeting and fulfilling the following conditions:-

• no inspection, inquiry or investigation has been ordered or taken up or carried out against the

company

• no prosecution has been initiated and pending against the company under any law
• the company is neither having any public deposits which are outstanding nor the company is in

default in payment thereof or interest thereon;

• company is not having any outstanding loan, whether secured or unsecure
• there is no dispute in the management or ownership of the company and a certificate in this

regard is enclosed with Form MSC-1;

• the company does not have any outstanding statutory taxes, dues, duties etc. payable to the

Central Government or any State Government or local authorities etc.;

• the company has not defaulted in the payment of workmen’s dues;
• the securities of the company are not listed on any stock exchange within or outside India.

Provisions for Registrar

Registrar after considering the application issues a certificate in form MSC-2(allowing the status of Dormant Company) MCA is required to maintain the register of dormant company

• n its portal

Registrar shall issue a notice to the Company who has not filed financial statement/annual return consecutively for 2 FY

A dormant company shall file “Return

• f Dormant Company” annually

(indicating the Financial Position duly audited by CA in practice) To Registrar in form MSC-3 along with prescribed fee

Within 30 days from the end of FY It is not clear under the Act Whether such company is required to comply with all

• ther

provisions

• r not

Company shall continue to file a return

• f

allotment & change in Directors within the time specified

Application for seeking the status of active company

Dormant Company shall have:- Minimum 3/2/1 directors in case of public, private & One person company respectively File an application to Registrar in form MSC-4 along with return in form MSC-3 in respect of FY in which application is filed Registrar if at any time found that dormant company is actually functioning, it may remove the name of such company from register

• f

Dormant Company and treats it as an active Co.

Other provisions

The Registrar shall initiate the process of striking off the name of the company if the company remains as a dormant company for a consecutive period of five years. Where a dormant company does or omits to do any act mentioned in the grounds of application in Form MSC-1 submitted to Registrar for obtaining the status of dormant company, affecting its status of dormant company, the directors shall within seven days from such event, file an application for

• btaining the status of an active company.

Thank you !