Notice Under Sec 248 - Company Strike off by ROC

[Hyder Imam]

Dear Sir,

My client has received a notice under Section 248 - stating the company will get struck off within 30 days.

Can he file STK-2 after issue of this notice to avoid disqualification.

Also does he has to file all previous year returns before filing STK-2, even if the company has not commenced its business.

Please clarify.

Regards,

Adv. Hyder.

[shaffy setia]

Hi Hyder,

First complete all the annual filings and then submit a reply to ROC stating that the company has completed all the filing and you voluntary want to strike off the Company and after that file STK-2.

Thanks and Regards

ACS Shaffy Mehta

(E) sha...@caalokaggarwal.com

(M): 9560130844

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[Hyder Imam]

Hi!

Thanks for the reply.

As per my understanding "up to the end of the financial year in which the company ceased to carry its business operations".But since the company has not commenced its business, it can file for STK-2, without filing pending returns.

My questions are; 

, 

1. Can the company file STK-2 once notice is issued by ROC under 248 ?

2. Can a disqualified director register a LLP firm?

             As Disqualification is under Companies Act and not under LLP Act.

regards,

Adv Hyder.

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[shaffy setia]

Yes Company can file stk-2

And no disqualified director can't register llp

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[CS dipti Bhatt]

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[CS dipti Bhatt]

A disqualified director's DIN got deactivated for 5 yrs. so he will not be allowed to register LLP.