A company may obtain a "Dormant company" status after making necessary application under Section 455 of the Companies Act, 2013 to the Registrar of Companies (ROC).Such a dormant company is required to maintain a minimum number of directors, file such necessary documents and pay such annual fee, as may be prescribed, to the ROC to retain its dormant status.
A dormant company may become an active company on an application made in this behalf to the ROC, accompanied by such documents and fee as may be prescribed.
The Board of Directors has to pass a resolution in this regard in their meeting.
SAMPLE
“RESOLVED THAT the Company do make an application to the Registrar of Companies, ............... (ROC), for seeking the status of an "Active company" for the company, in pursuance of the provisions of Section 455(5) of the Companies Act, 2013 and Rule 8 of the Companies (Miscellaneous) Rules, 2014 and any other applicable provisions thereof, including any amendments thereto for the time being in force.
RESOLVED FURTHER THAT Ms. / Mr. ............................., (Designation) and Ms. / Mr. ............................., (Designation) be and is hereby severally authorised to sign and file Form MSC-4 to the ROC along with all necessary documents as may be required with regard to the application for seeking the status of an active company and further authorised to all such acts, deeds and things as may be necessary in this regard.”
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Relevant Resolutions:
> Draft Board Resolution for obtaining Dormant Company Status - click here
> Special Resolution format for Dormant Company status section 455 - click here
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NOTE: The above/below mentioned resolutions and any other info are only template(s) for reference purpose only. Please do refer the exact provisions of the companies act, relevant rules framed thereunder and any other applicable laws to be able to not to miss out anything important while drafting any such resolutions and any other relevant info mentioned along with it.
SAMPLE
“RESOLVED THAT the Company do make an application to the Registrar of Companies, ............... (ROC), for seeking the status of an "Active company" for the company, in pursuance of the provisions of Section 455(5) of the Companies Act, 2013 and Rule 8 of the Companies (Miscellaneous) Rules, 2014 and any other applicable provisions thereof, including any amendments thereto for the time being in force.
RESOLVED FURTHER THAT Ms. / Mr. ............................., (Designation) and Ms. / Mr. ............................., (Designation) be and is hereby severally authorised to sign and file Form MSC-4 to the ROC along with all necessary documents as may be required with regard to the application for seeking the status of an active company and further authorised to all such acts, deeds and things as may be necessary in this regard.”
..............................................................
Relevant Resolutions:
> Draft Board Resolution for obtaining Dormant Company Status - click here
> Special Resolution format for Dormant Company status section 455 - click here
..............................................................
NOTE: The above/below mentioned resolutions and any other info are only template(s) for reference purpose only. Please do refer the exact provisions of the companies act, relevant rules framed thereunder and any other applicable laws to be able to not to miss out anything important while drafting any such resolutions and any other relevant info mentioned along with it.
Served the purpose. thank you.
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