STK-2 without annual filing completion-URGENT*********

[Devansh Garg]

Dear Members,

If the company wants to file suo moto application in e-form STK-2 for strike off, can they do without completing their annual filing since last 10 years.

Please advise urgently.

Thanks 

Devansh

[Ranjeet Singh]

Dear Sir,

It is advisable to complete your pending compliances before applying for winding up process. But if the Company has not received any notice from

ROC and the Company is to be closed. Form STK-2 can be filed even without completing Annual Filing. It depends on ROC whether he ask for

completing Annual filing first in re-submission. However, all liabilities including taxes, must be nil in this regard.

Thanks & Regards

Ranjeet

[Devansh Garg]

Thanks.

Sir, the Company has already received a letter in STK-5 on 07.04.2017, what should be do now.

Thanks

Devansh

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[Devansh Garg]

can u please give ur number urgently

On Thu, Apr 27, 2017 at 10:56 AM, Ranjeet Singh <csran...@gmail.com> wrote:

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[Ranjeet Singh]

Dear Devansh Ji,

Don't worry. The reply of notice is necessary by the Company in this case within 30 days of receiving the notice. So you have time till 6 May, I guess, to reply the notice of

ROC. Draft a notice for ROC, give your healthy justification in the notice if the Company is needed to be closed.

Thanks & Regards

Ranjeet

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[Bala Sri]

Hi All,

Off recent messages, most relate to strike off action by ROC.

My clarification request is, under a situation where the company intends to close but has not acted suo-moto but has received a notice from ROC under STK-1 / or STK-5, should the company need to reply / respond to the notice ? . when the intention of ROC is on same lines as that of company.  Will it matter if the company were to remain silent and allow ROC to proceed to strike off ?

Pls. clarify.

Tnx

Bala Srini FCA., LL.B. 

On Thursday, April 27, 2017 at 10:39:37 AM UTC+5:30, Devansh Garg wrote:

[Ankita Damani]

Dear Members,

My company has not done annual filing for the past 2 years and the company wants to close. Against this i have uploaded STK 2. I have received a reply from ROC for resubmission and asking for annual filing.

Please suggest what steps need to be taken.

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[Ranjeet Singh]

Dear Madam,

In this case, First, Annual filing should be done as soon as possible, since ROC is asking for Annual filing specifically. After the completion of Annual filing, resubmit the Form STK-2 with proof showing completion of annual filing. Though it depends on ROC whether he asks for Annual filing or not. Therefore, in your complete your Annual filing first.

Thanks & regards 

Ranjeet 

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[Ranjeet Singh]

Dear Sir,

As per my understanding, reply of notice should be filed within the prescribed period (30 days) I think, as section 248(1) of Companies Act 2013, otherwise ROC may impose penal provisions on Directors and all concerned directors may be disqualified.

And really, intention does matter, if the ROC has sent notice for justification, there is no harm to reply such notice. Concerned Directors simply can tell the ROC whether

the Company wants to be revived or closed. No reply from Company/ concerned directors will attract penal provisions. 

If it were so, none would have file the reply of ROC notice and were able to skip the Form filing fees, which is Rs. 5000 and other expenses.

Thanks & regards 

Ranjeet 

[Rachna Mittal]

Good Morning all,

Before applying closer of the company under STK-2 first we need to do previous year filing with ROC and in our case it is pending since the company's incorporation. My query is how to do that filing now as the company has not held its AGM on due date?

What is the process which i need to follow?

Pl. advice me...

On Thursday, April 27, 2017 at 10:39:37 AM UTC+5:30, Devansh Garg wrote: