Friday 5 August 2016

Draft Documents For Obtaining Status of An Active Company By a Dormant Company


STEPS FOR OBTAINING STATUS OF AN ACTIVE COMPANY BY A DORMANT COMPANY





(1)  An application, under section 455, for obtaining the status of an active company shall be made in Form MSC-4 along with fees as provided in the Companies (Registration Offices and Fees) Rules, 2014 and shall be accompanied by a return in Form MSC-3 in respect of the financial year in which the application for obtaining the status of an active company is being filed.



(2)  The Registrar shall initiate the process of striking off the name of the company if the company remains as a dormant company for a period of consecutive five years.


(3)  The Registrar shall, after considering the application filed, issue a certificate in Form MSC-5 allowing the status of an active company to the applicant


(4)  When a dormant company does or omits to do any act mentioned in the Grounds of application in Form MSC-1 submitted to Registrar for obtaining the status of dormant company, affecting its status of dormant company, the directors shall within seven days from such event, file an application, for obtaining the status of an active company.


(5)  When the Registrar has reasonable cause to believe that any company registered as ‘Dormant Company’ under his jurisdiction has been functioning in any manner, directly or indirectly, he may initiate the proceedings for enquiry under section 206 of the Act and if, after giving a reasonable opportunity of being heard to the company in this regard, it is found that the company has actually been functioning, the Registrar may remove the name of such company from register of dormant companies and treat it as an active company.








Application for Dormant to Active

 


Date:______________



Application for Active the Dormant company




To

The Registrar of Companies,

_________.








Sub: - Request for Normalising ‘Dormant’ Company Status to ‘Active’ 

           Ref: - CIN: .................




Dear Sir,




Our company M/s. ............ was incorporated on...............(in Words and figures) with the main object of carrying on.............(specify business) and is continuing to carry on its business till date.




The Company has duly convened its Annual General Meetings till date. However, the company failed to file its annual report/annual returns with The Registrar of Companies due to oversight.





Hence, the Board of Directors decided to submit a request to The Registrar of Companies, State :________, for regularizing its status from ‘Dormant’ to ‘Active’ in the Master Data appearing in the MCA portal www.mca.gov.in. The company hereby files Form GNL-1 along with this application and Board Resolution dated ............. .




Kindly accept our application and do the needful.




Thanking You,




Yours truly,

For ................









............. - Director

DIN…………….







Board Resolution
 

=================================================================
CERTIFIED TRUE COPY OF BOARD RESOLUTION PASSED BY THE BOARD OF DIRECTORS OF ……………………… PRIVATE LIMITED HELD ON ________ THE___ TH ______ 2016 AT THE REGISTERED OFFICE OF THE COMPANY ________________________AT 11 A.M. =========================================================================


ITEM: APPLICATION FOR OBTAINING ACTIVE STATUS ON MCA SITE :-




“Resolved that pursuant to the provisions of section 455 and other applicable provisions of the Companies Act, 2013 and rules framed there under and modifications thereof from time to time issued by the Ministry of Corporate Affairs; the Board of Directors given their consent to submit an application with Registrar of Companies in order to obtain Active Status."



"Resolved Further That Mr.___________ / Mr._____________, directors of the Company be and is hereby severally authorized to make application(s), authorization and sign the documents either physical or Digital Signature(s), to give effect this resolution.”




//CERTIFIED TRUE COPY//



For _____________________



______Director


DIN----------------




Thanks & Regards,
Meetesh Shiroya


1 comment: