TOPIC 3: QUICK REFERENCE TO “DORMANT COMPANY”
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Quick Reference to "Dormant Company":-
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Legal Provision:-
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Section 455 of Companies Act, 2013.
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Points:-
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1. Dormant Company means a inactive company which has not carrying any business or significant accounting transaction in last 2 F.Y.
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2. It is technically different from Defunct Company.
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3. The Company can make application in form MSC-1 to to get Dormant Status. Special Resolution is required.
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4. Registrar issue Certificate in form MSC-2. to Company.
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5. Return of Dormant company can file in form MSC-3.
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6. To get again active status by Dormant Company form MSC-4 is required to file. Then Registrar give Certificate in form MSC-5.
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7. No investigation is carried out against company for obtaining Dormant Status.
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8. It should not be listed company.
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9. There should not be default on workmen's due.
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10. Cash flow statement is not required for Dormant Company.
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11. The Company should not have outstanding loan, outstanding tax, outstanding deposits, duties etc before applying for Dormant Status.
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12. The Board of Directors can meet atleast once in each half of the calendar year and gap between 2 meetings should not be less than 90 days.
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13. No prosecution is pending against the Company.
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Regards
ACA SOURAV BAGARIA
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