Reviving a public co...

[Vivek Hegde]

Dear all

 

A 16 public limited has never started its busuness. Annual Filing is pending for 10 years.. No DIN for Directors...All are facing prosecution from the Court for voilation of the provisions of the Companies Act ...one of the Director wants to revive the company n start the business thereafter.. He dont want 560 appln..

 

Wl ROC insist for annual filing to be done for all years? Or is it sufficient if we file Annual Accounts for 3 years n close the issue(as per new procedure which is being followed nw)

 

Hw to go about it? pls suggest ur views...

CS Vivek Hegde
Company Secretary in Practice
No. 405, 4th Block, 7th Cross
Koramangala, Bangalore-560034
Mob: 9019756940

[raj...@gmail.com]

Dear Vivek,

The company can go ahead with filing the annual filings for the immediately preceding 3 years. In our case we had contacted the Dy ROC who guided us. Anyways fine imposed by the economic offences court cannot be avoided..

Warm Regards,

Sreeraj

Sent on my BlackBerry® from Vodafone Essar

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From: Vivek Hegde
Date: Thu, 11 Jun 2009 10:55:53 +0530
To: <csmy...@googlegroups.com>
Subject: [CSMysore] Reviving a public co...

[Vivek Hegde]

Thanks for ur views..But this is in the normal circumstances..But in the relevant prosecutions are initiated against all the Directors...

 

 

Mob: 9019756940

[cs rengarajan]

Even for 560 applications , they are insisting for filing all balance sheet of previous years. The Roc certainly insist for annual filing for all the years
 
regards
 

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Date: Thu, 11 Jun 2009 10:55:53 +0530

Subject: [CSMysore] Reviving a public co...

From: vivekhe...@gmail.com
To: csmy...@googlegroups.com

[Shruti Agarwal]

i recently handled such a case, 3 years is acceptable but if the directors want to get reliefed from any further notice then do filing of all the years and get compunding done u/s 621A,

--
Regards

Shruti Agarwal

[ashutosh srivastava]

Dear shruti,

the compounding of offence does not relives from default in filling documents, return etc. so even after the offence is compounded the company is under obligation to file the same. 

as far the period of three years is concerned the provision, i think is only that and i quote: "...offence committed by company after the expiry of the period of three years from the date on which a similar offence committed by it or him was compounded under..." 

 regards

--
Ashutosh Srivastava
Ashutosh Srivastava & Co
"Anand Sadan" 120/448, Lajpat Nagar,
Kanpur-208005
Ph. No. +91-512-2219445
Mob. No. +91-9415735365.
website: www.indlaw.info

[Shruti Agarwal]

yes sir, thats y suggested to file documents for all the years n then get compounding done. but if i m still failing to understand any point kindly explain.

[ashutosh srivastava]

you are right