How to Make an Application
for seeking status of an active company from a Dormant Company .-
(1) An application, under sub-section (5) of section
455, for obtaining the status of an active company shall be made in Form MSC-4 along
with fees as provided in the Companies (Registration Offices and Fees) Rules,
2014 andshall be accompanied by a return in Form MSC-3 in respect of the
financial year in which the application for obtaining the status of an active
company is being filed:
Provided that the Registrar shall initiate the process
of striking off the name of the company if the company remains as a dormant
company for a period of consecutive five years.
Shall be accompanied by a return in Form MSC-3 in
respect of the financial
Year in which the application for obtaining the status
of an active company
is being filed:
Provided that the Registrar shall initiate the process of striking
off the name of the company if the company remains as a dormant company for a period
of consecutive five years.
(2) The Registrar shall, after considering the application filed under
sub-rule
(1), issue a certificate in Form MSC-5 allowing the status of an active company
to the applicant.
(3) 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, under
sub-rule (1) of this rule, for obtaining the status of an active company.
(4) Where the Registrar has reasonable cause to
believe that any company registered as ‘dormant company’ under his jurisdiction
has been functioning in any manner, directly or indirectly, he may initiate the
proceedings for enquiry under section 206 of the Act and if, after giving a
reasonable opportunity of being heard to the company in this regard, it is
found that the company has actually been functioning, the Registrar may remove
the name of such company from register of dormant companies and treat it as an
active company.
sir can you tell me for how many years of annual filing we have to do to get status of active company.. my client company was incorporated in 2001 and since 2001 no annual filing is done.
ReplyDeletethanks in advance