"Under the Companies Act, 2013, a company shall be eligible to apply for the status of dormant company upon fulfilment of certain conditions." Discuss the conditions so stipulated in the Act.

CS Professional · Advanced Company Law and Practice · PYQS · June 2016
"Under the Companies Act, 2013, a company shall be eligible to apply for the status of dormant company upon fulfilment of certain conditions." Discuss the conditions so stipulated in the Act.

Answer & Explanation:

As per section 455 read with Rule 3 of the Companies (Miscellaneous) Rules, 2014, a company shall be eligible to apply for status of dormant company 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 is the company in default in payment thereof or interest thereon. The company is not having any outstanding loan, whether secured or unsecured. If there is any outstanding unsecured loan, the company may apply 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: Company Administration

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