Piyush Dugar (Partner in KPJ & Co.) (29 Points)
12 May 2012There is a Pvt Limtied Company formed in 1998 with authorized capital of 5 Lacs . The annual return of its has been filled till 2004-05 and after that no return has been filled . The company has gone in the Dormant Status .Can any one Tell me what i have to do to make it a active company . And also what i have to do if i want ot close or shut the company now .
What are the Penalties or fees i have to pay and wat are the provisions i have to follow.
Thanking You.
CA Archana Dhamecha
(CA)
(95 Points)
Replied 12 May 2012
If you want to close the company go to FTE Scheme of MCA 21, but condition ally to this scheme are:
1. Company had not carried out business & operations since incorporation or 1 year befor the date of application under FTE scheme
2. company should have ZERO asset & liabilty on the date of application
Chlana of only Rs. 5000/- is to be paid under this scheme.
& if your company doesn't meet out both of above criteria then you have to liquidate it after appointing liquidator.
S Saha
(CS PROFESSIONAL Student - BBA)
(35 Points)
Replied 12 May 2012
Firstly if you want to change the companies status to Active , then file Form 61 with the undertakings of all the present Directors to file the pending returns as soon as possible. Secondly In my opinion the company has charges created registered at ROC that is the reason it cannot be strike off by ROC & so it has become dormant.
FTE is an option but if charges have not yet been satisfied , then it doesnot apply to this case.
Appointment of Liquidator i.e going into Voluntary Liqidation is a good option.My sincere advice will be to pls wait for the next CLSS scheme of MCA & file , to save yourself from Hefty Penalty.
Thanks & Regards
S.Saha
Agartala , Tripura
Kamlesh
(Article Assistant)
(137 Points)
Replied 12 May 2012
What I want to ask Saha is that company can only go through fte if it has satisfied charge? If it has not satisfied charge then it has to file form no.61 and cant go with fte?and last one,if company has created charges but not satisfied than roc will declare it as dormant and not name will be strike off?
And Archna,, if a company has paid up capital but it has not carried out business and operations 1 yr before the date of application under fte scheme then fte possible?
S Saha
(CS PROFESSIONAL Student - BBA)
(35 Points)
Replied 13 May 2012
Kamlesh,I am clarifying your queries.
1. FTE is only possible if a Company doesnot have any charges unsatisfied.
2. Form 61 is for changing the Companies status from dormant to Active.
3. Yes , a co. cannot be struck off under 560 if it has unsatisfied charges & shall be declared a dormant co. & prosecution launched in due course by ROC.
Thanks & Regards S. Saha Agartala , Tripura
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