Neptune Private Ltd. applied to Registrar of Companies for getting status of a dormant company and the application were approved. In this connection the company wants to know the following in light of the provisions of t

CS Executive · Company Law and Practice · PYQS · December 2025
Neptune Private Ltd. applied to Registrar of Companies for getting status of a dormant company and the application were approved. In this connection the company wants to know the following in light of the provisions of the Companies Act, 2013: (i) Is it permissible for a dormant company to allot any security to any person and file a 'Return' therefor ? (ii) Is the company required to file any return annually within the prescribed time limit ? (iii) What is the relevance of Form MSC-5, if a dormant company wants to obtain a status of an active company ?

Answer & Explanation:

(i) Yes. As per proviso to rule 7 of the Companies (Miscellaneous) Rules, 2014, the company shall continue to file the return or returns of allotment and change in directors in the manner and within the time specified in the Act, whenever the company allots any security to any person or there is any change in the directors of the company. Therefore, the dormant company can allot securities and shall continue to file returns of allotment on allotment of any security to any person. (ii) Yes. As per rule 7 of the Companies (Miscellaneous) Rules, 2014, a dormant company shall file a "Return of Dormant Company" annually, inter-alia, indicating financial position duly audited by a chartered accountant in practice in Form MSC-3 along with such annual fee as provided in the Companies (Registration Offices and Fees) Rules, 2014 within a period of thirty days from the end of each financial year. (iii) As per rule 8(2) of the Companies (Miscellaneous) Rules, 2014, the Registrar shall, after considering the application filed for obtaining the status of active company from the dormant company, issue a certificate in Form MSC-5 allowing the status of an active company to the applicant.

Topics: Incorporation of Company and Matters Incidental Thereto

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic