Dear Experts,
Private Company registered in Delhi had received notice in STK-1 and 30 days has passed.
Last 2 years annual filing is pending and we want to close company now.
ROC is not giving additional time.
Company status is active now.
Roc had sended list to Ministry for companies to be striked off.
1. Please guide should we do annual filing...?It may happen that while we are doing annual filing ministry may strike off the company. In that case client will say that fees gets wasted.
If we do last 2 years annual filing today will ministry does not strike off the company..?
2. If company gets strike off will director be disqualified for 5 years...?
One Director is associated with other companies also and he does not want to disqualify.
Please tell solution of this.
Expert advise required.
7 Replies
Vatsla Alagh
(1545 Points)
Replied 06 August 2018
U need to complete annual filing and then file for closure of company. For this, u have to revert ROC by sending an initial reply that filing wil be completd and then we will be filing for FTE. Once u complete all the filing, give next reply and send copy of challan along with that as proof
Santhosh Gundinahole
(Studnet)
(347 Points)
Replied 06 August 2018
First Give clarity-
For what you want additional time from ROC?
In this case,
If you want to continue the company - give reply letter to the ROC (Reply to Form STK-1) stating that we are interested to carry on business and will file annual filings within stipulated time.
ROC won't strike off company name immediately, it will give 3 notices to defaulted company, gap between each notices shall be 1 month.
Before all these, go and approach the registrar at ROC office about your intention.
If you don't want to carry on business and want ROC to strike off name of company. Then intimate the same to ROC, Though you don't intimate or reply to them, ROC will take further steps to strike off of name of company.
Anyhow for the default of company in filings of Annual Documents for 3 consecutive FYs (specified under Section 92 & 137) with ROC- will amount to disqualification of Director under provisions section 164(2) of companies Act, 2013 and rule 14 of Companies (Appointment and Qualification of Directors) Rules, 2014.
He shall be disqualified for 5 years in this company as well as other companies where he is acting as Director. Also he will be disqualified from directorship of other companies by virtue of this provision.
For what you want additional time from ROC?
In this case,
If you want to continue the company - give reply letter to the ROC (Reply to Form STK-1) stating that we are interested to carry on business and will file annual filings within stipulated time.
ROC won't strike off company name immediately, it will give 3 notices to defaulted company, gap between each notices shall be 1 month.
Before all these, go and approach the registrar at ROC office about your intention.
If you don't want to carry on business and want ROC to strike off name of company. Then intimate the same to ROC, Though you don't intimate or reply to them, ROC will take further steps to strike off of name of company.
Anyhow for the default of company in filings of Annual Documents for 3 consecutive FYs (specified under Section 92 & 137) with ROC- will amount to disqualification of Director under provisions section 164(2) of companies Act, 2013 and rule 14 of Companies (Appointment and Qualification of Directors) Rules, 2014.
He shall be disqualified for 5 years in this company as well as other companies where he is acting as Director. Also he will be disqualified from directorship of other companies by virtue of this provision.
Sachin Kumar
(Student)
(383 Points)
Replied 07 August 2018
ROC is not giving additional time of 10 days to us. They are saying that we had sended list of defaulting companies to ministry for strike off and ROC officials are saying they also do not know when company will get struck off.
Our Company status is active till now.
Please tell should we do annual filing ...?
it may happen we do annual filing and afterwards if ministry struck off the company after annual filing.
Our Company status is active till now.
Please tell should we do annual filing ...?
it may happen we do annual filing and afterwards if ministry struck off the company after annual filing.
Vatsla Alagh
(1545 Points)
Replied 07 August 2018
Still u should reply to ROC about the facts. n also complete annual filing on urgent basis
Santhosh Gundinahole
(Studnet)
(347 Points)
Replied 14 August 2018
I think They are looking for bribe.
No company shall be struck off immediately (in span of 10days) which has active status now. You can approach ROC with relevant period financials of the Companies for furthermore.
No company shall be struck off immediately (in span of 10days) which has active status now. You can approach ROC with relevant period financials of the Companies for furthermore.
Ajay Mehta
(Accounts and Finance officer)
(240 Points)
Replied 10 September 2018
Dear All
Same notice is issued to one of our company. but we havent filed any Income tax return from last two year i.e FY 2015-16 & 2016-17.
and we havent file any annual report and any other report to Roc since formation.
now we want save our company.now what to do.
pls advice
Vatsla Alagh
(1545 Points)
Replied 10 September 2018
First of all reply to ROC on urgent basis that u want to continue business and will be completing filing and thereafter will revert again after completing it vd all the relevant challans. Also u should complete all ur filings at earliest to avoid strike off of ur company
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