11 July 2011
status of my company is showing "active in progress" on MCA site, copany not filed annual return and form 23ACA and 23AC for last 4 years. now ROC issue a notice whether the company is in operation or not? Reply with in 30 days otherwise it will be a defunct company. my question is how I active the company ? should i go to ROC officer and first active the status or just file 4 yrs return and it will automatically active.
11 July 2011
According to the provisions of section 560 of the Act, a company is deemed to be a defunct company if it does not carry any business or is not in any operation. Under such circumstances, the ROC has the power to strike out the name of the company from the register, after following the prescribed procedure. So first you should reply to ROC that we are in operations then after follow filing and other prescribed procedures. Regards CS Sumat Singhal
11 July 2011
In order to reply to ROC should power of attorney is required for apperance before the appropriate officer or simply by an official letter it can be done ?
11 July 2011
You have to fill up Form No. 61 to regularise your company and you are also required to file this letter
Sub: Application for Normalizing (Changing the Status from “Dormant” to “Active”)
Dear Sir,
This is in connection with the Annual Filings of our Company. We regret to inform you that our Company has failed to file Annual Accounts and Returns since financial year 2005-2006.
However, we had started taking steps for filing our Annual Accounts. We further proceeded to file the Annual Accounts on 31st March 2006 onwards. However, we are unable to pre-scrutinize the Forms as our status has been changed to “Dormant” on the MCA site.
We hereby apply to your respected office for normalizing and changing the status of our Company back to “Active”, so that we can proceed with the Annual Filing. We earnestly request you to do the needful.
We trust you will find our request as support worthy. We solicit your cooperation to approve the form~61 at the earliest.
CAclubindia
