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    Company can file STK-2 where it has not filed INC-20A?

    Posted By : KAMAL / Published on : 29-Sep-2022 07:44 AM / View : 309 / Comment : 0

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    Company failed to start its business since incorporation, in that case we can Take consent of all share holders in writing instead of passing special resolution for filing MGT-14 .

    It will be the ground 248(1)(d)

    248. (1) Where the Registrar has reasonable cause to believe that—

    (a) a company has failed to commence its business within one year of its incorporation 1[or];

    (b) 2[***] ommitted

    (c) a company is not carrying on any business or operation for a period of two immediately preceding financial years and has not made any application within such period for obtaining the status of a dormant company under 3[section 455; or]

    new: [(d) the subscribers to the memorandum have not paid the subscription which they had undertaken to pay at the time of incorporation of a company and a declaration to this effect has not been filed within one hundred and eighty days of its incorporation under sub-section (1) of section 10A; or

    (e) the company is not carrying on any business or operations, as revealed after the physical verification carried out under sub-section (9) of section 12.]
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