What To Do In Case If Your Company’s Name Is Recently Published In The Public Notice Of Ministry Of Corporate Affairs, Office Of Registrar Of Companies, NCT Of Delhi & Haryana (ROC-Delhi), For Striking Off of Companies?
Recently the Registrar of Companies, NCT of Delhi & Haryana (ROC-Delhi) has issued Strike-Off Public Notice No-ROC-DEL/248/STK-5/2018/2912, dated 18.06.2018 to 31250 Companies, for not doing the Annual Compliance & Fillings.
The Companies whose names are mentioned under the public notice need to take a prompt and immediate action on the same by replying on the notice.
The Public Notice states– “The Companies mentioned in the notice have not been carrying on any business or operation for a period of two immediately preceding financial years and have not made any application within such period for obtaining the status of dormant company under Section 455 of the Companies Act, 2013, And, therefore, proposes to remove/strike off the names of the mentioned companies from the Register of companies and dissolve them unless a cause is shown to the contrary, within thirty days from the date of this notice.
Any person objecting to the proposed removal/striking off of name of the companies from the Register of companies may send his/her objection to the office address mentioned here above within thirty days from the date of publication of this notice.”
The Company has to decide whether it want to continue its business or close its business. Either way the company has to decide and respond. Once the Company decides the continuity of its business, it will land into any of the below mentioned situations:
BELOW ARE THE POSSIBLE SOLUTIONS/WAY OUTS AVAILABLE TO THE COMPANIES APPEARING IN THE NOTICE OF STRIKE-OFF, DEPENDING UPON THEIR WILL.
The Board of Directors of the Company need to promptly decide from any of the below possible way out and response to Registrar of Companies (ROC) within 30 days from the date of publication of the notice, to save the Company from any penalty and trouble.
| COMPANY HAS BUSINESS OPERATION AND DECIDES TO CONTINUE FURTHER | In this case, Company shall file all the pending Forms (AOC-4, MGT-7, ADT-1 (if any)), starting from the year filling was not done till current year along with the additional fee i.e. 13 times of the original fee. After completion of the filling, the default of the Company becomes good and the Company would not be Strike-off by the MCA. |
| COMPANY DOES NOT HAVE ANY BUSINESS OPERATION BUT HAVE FUTURE BUSINESS PLANS & THEREFORE DECIDES TO CONTINUE. | In this case also, Company shall file all the pending Forms (AOC-4, MGT-7, ADT-1 (if any)), starting from year the filling was not done till current year along with the additional fee i.e. 13 times of the original fee. However, the Balance sheets will be prepared accordingly and there should not have any transaction in the Bank Account of the Company evidencing the business operation of the Company. If books & bank account has such transactions then balance sheet must disclose it. After completion of the filling the default of the Company becomes good and the Company would not be Strike-off by the MCA. |
| COMPANY DOES NOT HAVE BUSINESS OPERATION CURRENTLY OR IN FUTURE & THEREFORE WANTS TO TAKE EXIT SUO-MOTO.
|
In this case, whether the Company is in operation or not, it shall file all the pending Forms (AOC-4, MGT-7, ADT-1 (if any)), starting from year the filling was not done till current year along with the additional fee i.e. 13 times of the original fee. Also, file Form STK-2 (with required Attachments & fee of Rs. 5000/-). After completion of the filling the default of the Company becomes good and the Company gets suo-moto Strike-off without any penalty. |
FAILURE IN RESPONDING TO PUBLIC NOTICE WILL HAVE BELOW CONSEQUENCES:
ALSO NOTE THAT BESIDES THE SERVICES IN ABOVE DOMAIN, WE ALSO OFFER OUR SERVICES FOR:
- Revival of Strike Off Companies
- Writ Petition in the High Court for Removal of Directors Disqualification
- Annual Filing for all the current and previous defaulting years
Author can be reached at: +91-8860608212; or samtaksimmy@gmail.com for any Company Law related Queries and Services.
Author Bio
Read. Thanks for the feedback.