Weak Ltd. is interested in obtaining the status of a dormant company, as they have not been carrying on operation for the past two years. Explain the enabling conditions to be fulfilled for applying to be a Dormant Compa

CS Professional · Advanced Company Law and Practice · PYQS · June 2017
Weak Ltd. is interested in obtaining the status of a dormant company, as they have not been carrying on operation for the past two years. Explain the enabling conditions to be fulfilled for applying to be a Dormant Company.

Answer & Explanation:

Section 455 read with Rule 3 of the Companies (Miscellaneous) Rules, 2014 provides for the application for obtaining status of dormant company and its enabling conditions: For the purposes of sub-section (1) of section 455, a company may make an application in Form MSC-1 along with such fee as provided in the Companies (Registration Offices and Fees) Rules, 2014 to the Registrar for obtaining the status of a Dormant Company in accordance with the provisions of section 455 after passing a special resolution to this effect in the general meeting of the company or after issuing a notice to all the shareholders of the company for this purpose and obtaining consent of at least 3/4th shareholders (in value): Provided that a company shall be eligible to apply under this rule only, if: no inspection, inquiry or investigation has been ordered or taken up or carried out against the company; no prosecution has been initiated and pending against the company under any law; the company is neither having any public deposits which are outstanding nor the company is in default in payment thereof or interest thereon; the company is not having any outstanding loan, whether secured or unsecured: Provided that if there is any outstanding unsecured loan, the company may apply under this rule after obtaining concurrence of the lender and enclosing the same with Form MSC-1; there is no dispute in the management or ownership of the company and a certificate in this regard is enclosed with Form MSC-1; the company does not have any outstanding statutory taxes, dues, duties, etc. payable to the Central Government or any State Government or local authorities etc.; the company has not defaulted in the payment of workmen's dues; the securities of the company are not listed on any stock exchange within or outside India.

Topics: Dormant Company

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