Académique Documents
Professionnel Documents
Culture Documents
SERIES
NO- 21
CS Divesh Goyal
Practicing Company Secretary, Delhi
GOYAL DIVESH & ASSOCIATES
SIGNIFICANT
ACCOUNTING
TRANSACTION:
Significant
Accounting
CS Divesh Goyal
Practicing Company Secretary, Delhi
GOYAL DIVESH & ASSOCIATES
PERIOD OF DORMANT:
FINANCIAL STATEMENT: The term FINANCIAL STATEMENT as per section
2(40) mean;
Balance-Sheet at the end of Financial year;
Profit & Loss Account or Income or Expenditure account, as may be
applicable;
Cash Flow for the Financial year; and
Explanatory note attached to any document in sub-clause (i) or (ii) above;
* As per Sub- Section 4 Section- 455: Where a company Not Filed or Fails to File
Financial Statements or Annual Return for TWO (2) Financial Year consecutively,
The Registrar of Company (ROC) shall issue a notice to that company and enter the
name of such company in register maintain for Dormant Company.
Before applying for Status of Dormant Company following Conditions required to
be fulfilled:
No inspection, inquiry or investigation has been ordered or taken up or
carried out against the company;
The company is neither having any public deposits which are outstanding
nor is the company in default in payment thereof or interest thereon;
No prosecution has been initiated or pending against the company under any
law;
The company has not defaulted in the payment of workmens dues;
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 application has not been made with an objective to deceive the creditors
or to defraud any other person;
The securities of the company are not listed on any stock exchange within or
outside India;
CS Divesh Goyal
Practicing Company Secretary, Delhi
GOYAL DIVESH & ASSOCIATES
The company is not having any outstanding loan, whether Secured and
Unsecured- But if company has any Outstanding Unsecured Loan then the
company may apply for status of DORMANT only after obtaining NOC from
the lender. Such NOC required to be attached in the Form which require to
file with ROC.
There is No Dispute in the Management or Ownership of The Company; A
certificate in this regard required to taken from Management. Such
Certificate required to be attached in the Form which require to file with
ROC.
Attachment:
a. CTC of Special Resolution.
b. Notice of EGM along with Explanatory Statement.
After filling of form MGT-14, File Form MSC-1 with the registrar.
Attachments:
a. CTC of Board Resolution.
b. CTC of Special Resolution.
c. Auditors Certificate.
d. Statement of Affairs duly certified by Chartered Accountant or
Auditor(s) of the company.
e. Latest Financial Statement and Annual Return of the Company is
mandatory to attach In Case The Same Is Filed To Registrar.
f. Certificate regarding no dispute in the management or ownership
CS Divesh Goyal
Practicing Company Secretary, Delhi
GOYAL DIVESH & ASSOCIATES
Processing Type
The eForm will be auto approved (STP).
Email
When an eForm is approved/ rejected by the authority concerned, an
acknowledgement of approval/rejection with related documents is sent to the user in
the form of an email to the email id of the company.
Certificate
A system generated Certificate of status of a Dormant Company is issued by Registrar
and sent to the user as an attachment to the email, after approval is granted. Once the
form is approved the status of the company shall be changed to Dormant under
section 455
(Application to ROC for obtaining the status of dormant company)
The Companies (Registration Offices and Fees) Rules, 2014
Application made
(i)
Other than
OPC & Small
company
OPC &
Small
company
2,000
5,000
10,000
15,000
20,000
1,000
2,500
N/A
N/A
N/A
2,000
N/A
NOTE:
I.
CS Divesh Goyal
Practicing Company Secretary, Delhi
GOYAL DIVESH & ASSOCIATES
After Getting certificate of Dormant Company Forms which company can file
with ROC are:
A dormant company shall file a declaration annually in Form No. MSC-3
within thirty days from the end of each financial year.
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.
If company wants to get Active status to be file e-form MSCMSC-4 with ROC,
then gets active company status.
If company carrying any Significant transaction during the dormant
period, the directors shall within 7 days from such event, file an
application with ROC in e-form MSC-4, for obtaining the status of an
active company.
II.
III.
CS Divesh Goyal
Practicing Company Secretary, Delhi
GOYAL DIVESH & ASSOCIATES
(Author CS Divesh Goyal, ACS is a Company Secretary in Practice from Delhi and can be
contacted at csdiveshgoyal@gmail.com) Disclaimer: The entire contents of this document have
been prepared on the basis of relevant provisions and as per the information existing at the time of
the preparation. Though utmost efforts has made to provide authentic information, it is suggested
that to have better understanding kindly cross-check the relevant sections, rules under the
Companies Act, 2013. The observations of the author are personal view and the authors do not take
responsibility of the same and this cannot be quoted before any authority without the written