can LLP obtain the status of dormant company in India?
what is the procedure ?
If the company is not filing annual return for continuous 2 Financial years and is not in operation then a company can get status of dormant company.
PROCEDURE TO GET THE COMPANY’S STATUS AS DORMANT
Step 1. First, you must call for a board meeting to fix the time and venue to call an extraordinary general meeting of the members to pass a special resolution (at least 3/4th in value). The director can make a general application for dormant status with ROC in this board meeting. You must issue a notice for the public meeting. Also, you must hire a Chartered Accountant or Auditor to issue a certificate in this general meeting.
Step 2. Next, the extraordinary general meeting takes place. Then a special resolution is passed. The exact copy of the individual decision and the notice of extraordinary public meeting having an explanatory statement. This is because an attachment to e-form MGT-14 is filed with the ROC.
Step 3. Next, the company must file an application in form MSC-1 enclosing the following attachments to obtain a dormant status for the company:
The exact certified copy for the board resolution.
The exact certified copy for the special resolution.
The certificate from the auditor.
A statement of affairs, duly approved by the auditor or chartered accountant.
You must attach the Annual Return and the Latest Financial Statement compulsorily.
A certificate to the effect of declaring no dispute among the management or the ownership.
If there is any loan outstanding in the name of the company, the consent of the lender has to be attached.
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