Strikeoff, DIR 11 /12 without INC 20A

[selva manikanda]

Dear all,

A company was incorporated in Feb’20 with 2 directors. The said company has not filed Form INC20A for commencement of Business till date. Since incorporation no activity has taken place in the company (even bank account has not opened). One of the directors wish to resign from the Board. Is it possible to file DIR 11 or DIR 12?

Alternatively, is it possible to strike off the company without filing INC20A?

Does disqualification under section 164(2) arise for the directors of this company on expiry 3 years? 

Kindly share your opinion on this issue and help resolve this.

Thanks and regards,

C Selvamanikanda

[rakesh kumar]

1.Alternatively, is it possible to strike off the company without filing INC20A?

Yes, contact me at 8709921238.

and further dir can't file form dir-12 or dir-11  for resignation ,since INC 20-A is not filed.

2.Does disqualification under section 164(2) arise for the directors of this company on expiry 3 years?

Yes

Regards 

Rakesh Kumar

8709921238

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[email...@gmail.com]

On pre scrutiny of STK-2 - error shows, filing of INC-20A mandatory before filing STK-2.

As per me , no option other than filing 20A before closure.

Thanks

[email...@gmail.com]

Upon filing the form sk-2, in similar case,  i got this resubmission message

Company incorporated on 27/11/2019 and filed STK-2 on 30/12-2020. i.e. company is not inoperative for atleast 2
years
u/s 248(1)(b)  A company is not carrying any business for a period of 2 immediately preceding years can be
eligible for applying strike off

What to be done?