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    Query for Closure

    Posted By : SHALU / Published on : 24-Mar-2022 12:08 PM / View : 597 / Comment : 1

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    Dear Team,

    Can we close company without filing INC -20A, first year compliance of FY 2020-21 - of ROC, Mumbai
    Read more on : closure query

    • Hi yes we can file the same as under section 248(1)(d) says that:

      *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[***]

      (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]

      4[(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.]

      Amendments:

      *Effective from 26.12.2016.

      1. Inserted by the Companies (Amendment) Act, 2015, w.e.f. 29.05.2015[S.O. 1440(E) dated 29.05.2015].

      2. Omitted by the Companies (Amendment) Act, 2015, w.e.f. 29.05.2015[S.O. 1440(E) dated 29.05.2015], the clause:

      “(b) the subscribers to the memorandum have not paid the subscription which they had undertaken to pay within a period of one hundred and eighty days from the date of incorporation of a company and a declaration under sub-section (1) of section 11 to this effect has not been filed within one hundred and eighty days of its incorporation; or”.

      3. Substituted by the Companies (Amendment) Act, 2019, w.e.f. 02.11.2018, for the words “section 455,“.

      4. Inserted by the Companies (Amendment) Act, 2019, w.e.f. 02.11.2018.

      01-04-2022 / 06:22:15 AM
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