Discuss the compliance requirements to retain the status of a dormant company.
CS Executive · Setting up of Business Entities and Closure · PYQS · June 2024
Discuss the compliance requirements to retain the status of a dormant company.
Answer & Explanation:
The Compliance requirements for the dormant Company are governed by the provisions of Companies Act, 2013. The ROC maintains the Register of dormant companies. The compliance requirements to retain the status of a dormant company are as follows: A dormant company shall have a minimum number of three directors in case of a public company, two directors in case of a private company and one director in case of a One Person Company. A dormant company is required to file a "Return of Dormant Company" in form MSC-3 annually, inter-alia, indicating financial position duly audited by a chartered accountant in practice 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. A Dormant Company need not enclose cash flow statements in its annual accounts. A Dormant Company is required to convene at least one meeting of the Board of Directors in each half of a calendar year and the gap between the two meetings is not less than ninety days. [Section 173(5) of the Companies Act, 2013] The provisions of the Companies Act, 2013 in relation to the rotation of auditors are not applicable to dormant companies. A Dormant 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 Companies Act, 2013, whenever the company allots any security to any person or there is any change in the directors of the company.
Topics: Company Law
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