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Certificate of commencement of business

prakash (Company Secretary) (1352 Points)

06 August 2015

Dear Professional Colleagues,

A Public Limited Company incorporated in year 2008 and has not obtained certificate of Commencement of business however, has not commenced operations till the day, Now Company proposes to make petition with CLB for Compouding of offence for not obtaining certificate of commencement of business, before than that it should make the offence good by filing form for obtaining certificate of commencement of business, under the CA, 2013, obtaining certificate of commencement of business is not requied. even form INC-21 is revoked. How to make offence good? can i make petition without making offence good?

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3 Replies

P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) (8229 Points)
Replied 06 August 2015

If the company has not yet commenced business activity till date, where is the default? Even Sec.149(2) of CA 1956 provided that the company shall not commence any business unless prescribed formalities are completed. Now corresponding Sec.11 of CA 2013 has also been omitted. Hene there is no offence since there was no need to file any return. Now company can start business activity without any further compliance.