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Dormant Of A Company

In case of a company is formed and registered under Companies Act for a future project or to hold an asset or intellectual property and has no significant accounting transaction, those companies or an inactive company may make an application to the Registrar for obtaining the status of a dormant company.

Inactive Company (DORMANT) “Inactive Company” means a company which:

• has not been Carrying on Any Business or operation, or
• has not made any Significant Accounting Transaction during the last two financial years,
• has not filed Financial Statements and Annual Returns during the last two financial years.

“significant accounting transaction” means any transaction other than

• payment of fees by a company to the Registrar;
• payments made by it to fulfil the requirements of this Act or any other law;
• allotment of shares to fulfil the requirements of this Act; and
• payments for maintenance of its office and records;
Therefore, any company that wishes to be only an asset company or have no significant business activities can apply and become a dormant company.

Eligibility for registering as dormant company

A company can apply for and become a dormant company, only if the following criteria’s are satisfied:
 1. No inspection, inquiry or investigation has been ordered or taken up or carried out against the company;
 2. No prosecution has been initiated and pending against the company under any law;
 3. The company is neither having any public deposits which are outstanding nor the company is in default in payment thereof or interest thereon;
 4. 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 ;
 5. There is no dispute in the management or ownership of the company and a certificate in this regard is enclosed with Form MSC-1;
 6. 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.;
 7. The company has not defaulted in the payment of workmen’s dues;
 8. The securities of the company are not listed on any stock exchange within or outside India.

Process for Obtaining Status of Dormant Company

• Call a Board Meeting- to call EGM.
• Authorization to director to make application for Dormant with ROC.
• Issue Notice of General Meeting
• Engage an Auditor/ Chartered Accountant to issue certificate.
• Hold Extra Ordinary General Meeting
• Pass Special Resolution (Consent of 3/4th shareholders required.)
• File E-form MGT-14 with ROC.

The Company may carry following business transactions in the period of Dormant:

• Payment of fees by a company to the Registrar;
• Payments made by it to fulfill the requirements of this Act or any other Law;
• Allotment of shares to fulfill the requirements of this Act; and
• Payments for maintenance of its office and records.

Certificate

A system generated Certificate of status of a Dormant Company is issued by Registrar and sent to the user as an attachment to the email, after approval is granted. Once the form is approved the status of the company shall be changed to ‘Dormant under section 455’.

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6. Preparation of MPB-01 & DIR-08
7. Annual Returns (AOC-04 & MGT-07)
8. Preparation of Director's report, Audit report & Extract of Annual Report
9. Preparation of Balance sheet and P&L Accounts
10. ITR Filing of Company
11. ITR Filing of Directors
12. Maintenance of all Statutory Registers.
13. Accounting software (ZOHO BOOKS)
14. DIR 3 KYC
15. Filing of GST Return for 12 Months
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