There is one company status on MCA site is showing as DORMANT. actually the company was incorporated in 1993.. since co. has not filed its annual returns and accounts with roc till date. there are 4 directors in the company, out of which 2 directors' DIN are yet to apply. 1. How can i get change the status of DORMANT to normal? 2. Then after what should be step by step procedure to be follow to file annual returns? i mean first of all will apply for DIN for rest of two directors? 3. Do i need to file form 32 or DIN 3 for that two directors for filing annual return with ROC or annual return can be done without filing DIN-3 or Form 32??
1. get the company regularisd by applying in form 61 http://www.mca.gov.in/MCA21/dca/downloadeforms/eformTemplates/1050-Form61_help.zip
2a.then obtain DIN of the directors not currently having DIN. you can directly get DIN via the new procedure if a professional is certifying instantenously.
2b.then in DIN 2 directors will be intimating there DIN to company.
2c.company will file DIN 3 with RoC for such directors(assuming they were directors from the last form 32 duly filed)
3. file e-returns normally using 20b,66(if applicable),23ac/aca.
04 February 2012
The procedure is as follows:- Please follow in seriatim. 1) Apply for DIN of two directors. 2) Get DIN-2 from all directors. 3) File DIN-3 4) Get Pending years accounts audited. 5) File Form 61 , attachments are ,application and an affidavit in stamp paper in support of the application. 6) Status will be changed as 'Active in Process' for which check 'company master data'. 7) File all the pending annual returns in e-form 20B, balance sheet and P & L account in e-form 23AC and ACA respectively, POSITIVELY WITH IN 21 DAYS of the status change as noted in clause 6 above. 8) After the approval of e-forms, status will be changed to 'active'.
04 April 2012
To The Registrar of companies, Kerala Company Law Bhawan Cochin-682021
Sir
Sub:- Request to change status Ref:- CIN .........
The company was incorporated on .... with the object of doing business as planters and plantation developers. The company had filed its annual returns and financial statements up to the financial year ended on 31/03/2004. Thereafter the company failed to file the statutory returns leading the status of the company as 'dormant' in the master data maintained by the Ministry of Corporate Affairs. The reason for non filing the statutory returns in time are as follows:-
i) the estate in which the company is carrying its operations is situated in a remote area in .... reserve forests. The director's are also residing there, wherein the modern communication facilities are not yet reached. The meager communication facilities have partly led to the delay in compliance of legal matters.
ii) there is practically no revenue generation due to paucity of working capital and labour unrest which has negatively affected the liquidity of the company in meeting the cost of legal compliances.
The Registrar of companies, Kerala may be please be note that the delay on the part of the company was not intentional but was due to the aforesaid reasons which was beyond the control of the company.
The company is taking an earnest effort to regularize the pending compliances for which filing of e-form 61 is mandatory which leads to this detailed application.
The company, therefore, seek condonation for the delay in filing the annual returns and financial statements for the financial year 2004-05 to 2010-11 and pray that the Registrar of Companies, Kerala may be pleased to allow the company to file the belated documents by changing the status of the company from 'dormant' to 'active in progress' at the earliest.
The company is attaching a notarized affidavit in support of this application assuring that the compliance will be completed with in the permitted time itself.
CAclubindia
