Sanjay Diagnostic Limited (the Company) was registered in Bihar under the provisions of the Companies Act, 2013. Its future project is to diversify into other profitable business, which is unique and provide sustainable
CS Executive · Company Law and Practice · PYQS · December 2023
Sanjay Diagnostic Limited (the Company) was registered in Bihar under the provisions of the Companies Act, 2013. Its future project is to diversify into other profitable business, which is unique and provide sustainable business growth. Due to the recession in the industry and excessive competition from the seasoned player, the Company has no significant accounting transaction and business activities during the last two financial years. However, the Company has been regular in filing its financial statements and annual returns with the Registrar of Companies, Patna by making payment of applicable filing fees. The Company decided to file the application for obtaining the status of dormant company in line with the relevant provision of the Companies Act, 2013. The Company instead of passing a special resolution to this effect in the general meeting of the Company issued notice to all the shareholders of the Company for this purpose and obtained consent of 82% of shareholders in value. Referring the provisions of the Companies Act, 2013 and Rules made there under answer the following: Whether the payment of applicable filing fees to the Registrar of Companies (ROC) could be considered as significant accounting transaction under the Companies Act, 2013.
Answer & Explanation:
Explanation (ii) to Section 455 of the Companies Act, 2013 states, "significant accounting transaction" means any transaction other than: payment of fees by a Company to the Registrar; payments made by it to fulfil the requirements of this Act or any other law; allotment of shares to fulfil the requirements of this Act; and payments for maintenance of its office and records. Therefore, according to the Explanation (ii) to Section 455 of the Companies Act, 2013, payment of applicable filing fees by a Company to the Registrar of Companies cannot be considered as significant accounting transaction.
Topics: Company Law
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