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    Definition of "Vanishing Company" under Companies Act, 2013

    Posted By : Juhee Goyal / Published on : 04-Aug-2022 05:23 AM / View : 442 / Comment : 2

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    Dear Members!

    Is the term ‘vanishing company’ defined under the Companies Act,
    2013 ? What does it include ?
    Read more on : companies under company vanishing definition

    • Dear Juhee,

      The term "Vanishing Company" doesn't define in Company Act 2013.

      As per MCA General Circular No. 2 /2010 ,A company would be deemed to be a vanishing company, if it is found to have:

      a) Failed to file returns with Registrar of Companies (ROC) for a period of two years;

      b) *Failed to file returns with Stock Exchange (SE) for a period of two years (if it continues to be a listed company);

      c) It is not maintaining its registered office of the company at the address notified with the Registrar of Companies/ Stock Exchange; and

      d) None of its Directors are traceable.


      05-08-2022 / 05:09:59 AM
    • The term ‘vanishing company’ is not defined under section 2 of the Companies Act, 2013. Rather, it is defined under the Explanation to rule 3 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.

      ‘Vanishing company’ means a company, registered under the Act or previous company law or any other law for the time being in force and listed with Stock Exchange which has failed to file its returns with the Registrar of Companies and Stock Exchange for a consecutive period of two years, and is not maintaining its registered office at the address notified with the Registrar of Companies or Stock Exchange and none of its directors are traceable

      16-09-2022 / 08:50:38 AM
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