Hi Member,
This case may fall under the provision of Section-248(1)(c) of Companies Act, 2013 which states the ground of Stiking off, as follows:
"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 7[5[3section 455 or]]]"
Accordingly, the ROC may send the Notice to the Company and all the Directors of the company, of his intention to remove the name of the company from the register of companies and requesting them to send their representations along with copies of the relevant documents, if any, within a period of thirty days from the date of the notice.
However, if the business of the company is in Operations and the filing is not done due to any other reason, Company may prove the same by filing its repesentation to ROC.
Hope it helps
Thankyou!
Hello, Professionals!
Our client company had convened General Meeting last week and the appointment of 2 directors raised objection regarding the appointment of directors should be voted individually. The company seeks advice on whether its objection is enable or not.
Thank you.
Hello, professionals!
One of our client companies is a private company that wants to make a political contribution during the current financial year and has been in existence for 5 years, seeks advice regarding the provisions related to political contribution. kindly advice.
Thank you
Dear Members!
Is there any limit on number of classes for which single application can be filed? or a single application can be filed for trademark registration under all classes.
Thank & Regards
Neetu Chauhan
Hello Professionals!
I wanted to know whether HUF can file application for trademark registration on Trademark portal, in its own capacity?
Thank you,
Regards
Neetu Chauhan
Dear folks,
in case addtional director fails to get regularised in AGM is company required to file DIR-12 to intimate ROC?
Thank you
Dear All,
Does appointment include a change in designation of director in section 170(2)? consequently, DIR-12 is required to be filed?
Thank you
Dear all,
Are preference share capital and preferred stock one and the same thing?
if not, then what are the key differences between the two,
Thank you
Dear All,
Greetings!!
Where CSR activities lead to profits, how should such profits be
treated?
can it be included in 2% of net profits that is to be spent on CSR that year.
Thanks in advance
Hello Neetu,
if we go with the provisions of section 248
Where the Registrar has reasonable cause to believe that—
(a) a company has failed to commence its business within one year of its incorporation; [or]
[Omitted].
(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 section 455 or
(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 subsection (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.]]]
he shall send a notice to the company and all the Directors of the company, of his intention to remove the name of the company from the register of companies
your case may fall within clause (c) of above section,
therefore it can be a ground on which ROC may issue strike off notice, depending upon discretion of ROC.