our company was incorporated in the year 2007 and till now there is no operation even we have not opened any bank accounts and there is no annual filling on MCA.
Now if i wish to change the name of the company to start working under that company what will be the procedure and related expenses
10 June 2013
A company after receiving Certificate of Incorporation from the Registrar is required to commence its business & other operations. But if a company after obtaining Certificate of Incorporation (COI) does not start its operations within 1year then such Company becomes Defunct Company and the Registrar after inquiring is required to strike off the name of the Company from the Registers of Companies. You please first verify as to whether you company is still alive or not.
10 June 2013
INCORPORATION OF A NEW COMPANY CAN ALSO BE DONE WITHOUT CLOSING THE OLD COMPANY BUT THIS SHOULD BE DONE ONLY WHEN THE DIRECTORS INTEND TO CARRY ON THE OLD COMPANY ALSO. I ADVISE YOU TO GET THE OLD COMPANY CLOSED SO AS TO BE ON THE SAFER SIDE.
10 June 2013
A Company can be wound up under section 560 of the Companies Act, 1956. For this, the Company should be defunct company i.e. a dormant company with NIL Assets and NIL Liabilities i.e. all the assets should be disposed off and all liabilities should be cleared.
For this purpose, the Company should prepare audited Accounts for the period ending not later than 30 days from filing the winding up application. Said accounts should show NIL Assets and NIL Liabilities.
Documents required to be submitted to ROC: 1. An application signed by minimum 2 Directors in case of Pvt. Ltd. 2.Indemnity Bond signed by minimum 2 Directors in case of Pvt. Ltd. 3.Affidavit signed by minimum 2 Directors in case of Pvt. Ltd and Notarised. 4.Signed copy of latest audited Balance Sheet showing NIL assets and NIL liabilities; and 5.Certified copy of Board Resolution.
After the Registrar is satisfied that the Company is defunct and has no assets and liabilities, he will issue notice to the Company for striking off the name from the register giving some time to withdraw the application, if required.
After the expiry of the time limit, he will issue notice thereby striking off the name of the Company from the Register maintained by him and will send the same to publish in the Official Gazette. Once the said notice is published in the Official Gazette, the Company stands struck off from the Register.
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