thulasi raman (Trainee) (52 Points)
11 April 2015Whether INC - 21 can be file more than 180 days ?
if so means any penalty will be leived by MCA?
and also Whether INC - 21 can be file more than 300 days ?
if so means any condonation of Delay wanna to go with Regional Director ?
please Clarify this issue
P C Agrawal
(Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad)
(8229 Points)
Replied 11 April 2015
Section 11 requires INC.21 to be filed before commencement of business. No specific time limit has been prescribed in terms of number of days within which it has to be filed. Sec.11(3) however empowers ROC to take action for removal of name of company from the register of companies in case declaration is not filed within 180 days and the ROC has reasonable cause to believe that the company is not carrying on any business or operation.
In case company does not commence its business and also does not file INC.21 within 180 days and even ROC does not take any action u/s 11(3), there does not seem to be any contravention on the part of the company and hence the question of condonation of delay should not arise. However, if the company has commenced business activity without filing INC.21, it will amount to contravention of Sec.11 and penal provisions will apply.
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