Application for obtaining status of dormant company

For the purposes of sub-section (1) of section 455, a company may make an application in Form MSC-1 along with such fee as provided in the Companies (Registration Offices and Fees) Rules, 2014 to the Registrar for obtaining the status of a Dormant Company in accordance with the provisions of section 455 after passing a special resolution to this effect in the general meeting of the company or after issuing a notice to all the shareholders of the company for this purpose and obtaining consent of at least 3/4th shareholders (in value): Provided that a company shall be eligible to apply under this rule only, if- (i) no inspection, inquiry or investigation has been ordered or taken up or carried out against the company; (ii) no prosecution has been initiated and pending against the company under any law; (iii) the company is neither having any public deposits which are outstanding nor the company is in default in payment thereof or interest thereon; (iv) the company is not having any outstanding loan, whether secured or unsecured: Provided that if there is any outstanding unsecured loan, the company may apply under this rule after obtaining concurrence of the lender and enclosing the same with Form MSC 1 ; (v) there is no dispute in the management or ownership of the company and a certificate in this regard is enclosed with Form MSC-1 ; (vi) 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.; (vii) the company has not defaulted in the payment of workmen’s dues; (viii) the securities of the company are not listed on any stock exchange within or outside India. Form MSC-1 Form MSC-1 has been substituted vide the Companies (Miscellaneous) Amendment Rules, 2023 dated 20.01.2023. To view notification, Click Here . To view the revised return, Click Here To view the return, Click Here and enclosing the same with Omitted vide MCA Notification dated 20.01.2023 regarding Companies (Miscellaneous) Amendment Rules, 2023. To view the Notification, Click here Form MSC 1 To view the return, Click Here and a certificate in this regard is enclosed with Omitted vide MCA Notification dated 20.01.2023 regarding Companies (Miscellaneous) Amendment Rules, 2023. To view the Notification, Click here Form MSC-1 To view the return, Click Here

Notes, amendments & references (17)

Provided that a company shall be eligible to apply under this rule only, if-

(i) no inspection, inquiry or investigation has been ordered or taken up or carried out against the company;

(ii) no prosecution has been initiated and pending against the company under any law;

(iii) the company is neither having any public deposits which are outstanding nor the company is in default in payment thereof or interest thereon;

(iv) the company is not having any outstanding loan, whether secured or unsecured:

Provided that if there is any outstanding unsecured loan, the company may apply under this rule after obtaining concurrence of the lender and enclosing the same with Form MSC 1 ;

(v) there is no dispute in the management or ownership of the company and a certificate in this regard is enclosed with Form MSC-1 ;

(vi) 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.;

(vii) the company has not defaulted in the payment of workmen’s dues;

(viii) the securities of the company are not listed on any stock exchange within or outside India.

Form MSC-1 Form MSC-1 has been substituted vide the Companies (Miscellaneous) Amendment Rules, 2023 dated 20.01.2023. To view notification, Click Here . To view the revised return, Click Here

To view the return, Click Here

and enclosing the same with Omitted vide MCA Notification dated 20.01.2023 regarding Companies (Miscellaneous) Amendment Rules, 2023. To view the Notification, Click here

Form MSC 1 To view the return, Click Here

and a certificate in this regard is enclosed with Omitted vide MCA Notification dated 20.01.2023 regarding Companies (Miscellaneous) Amendment Rules, 2023. To view the Notification, Click here

Form MSC-1 To view the return, Click Here