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Disqualified Director vs Designated partner

A.MISHRA (professional) (91 Points)

19 June 2021

Dear Sir,

I am presently director in a private company, which has neitherfiled any form since it's incorporation (2106) nor financial statements for those years....

Now I want to form a LLP in which I will be a Designated partner.

Please suggest me whether It is possible under the concerned Law...

And please also suggest how to strike off Name of company in ROC

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2 Replies

i am Kashif (372 Points)
Replied 19 June 2021

For strike off
if company donot carry-on business
if company donot file FS+AR from 2 consecutive years if company donot file Inc 10
incase of Company Special Resolution will pass incase of llp Affidavit of designated partner + consent of all partners

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CA. Sourav Sarkar (Chartered Accountant ) (24583 Points)
Replied 20 June 2021

I think you're not eligible for becoming partner in LLP as the company has not been filed the financial statements for consecutive 2 years and not filed any forms also not doing any activities then you're company is eligible for strike off by Registrar.

Holding of Board Meeting:
The passing of Board Resolutions has been mandated for major enactments in the corporate sphere.

Closing of liabilities:
A company desirous of a strike off must have closed off all its liabilities.

Holding of General Meeting:
A general meeting of shareholders should be held by the company by passing a resolution for striking off the name of the Company.

Furnishing of Applications and documents:
Companies on the pursuit of strike-off must file an application to the Registrar of Companies (ROC), accompanied by the following documents:

Indemnity Bond duly notarized by all directors (in Form STK 3).
A statement of liabilities comprising of all assets and liabilities of the companies (certified by a Chartered Accountant).
An affidavit in Form STK 4 (by all directors of the company).
CTC of Special Resolution (duly signed by every director of the company).
A statement concerning any pending litigations with respect to the company.