Closure of private limited company

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Mohit Khanna

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Oct 27, 2021, 2:28:22 AM10/27/21
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Dear Members,

Please guide on below query:

A private limited company was incorporated in August 2020 and after that no work was done 
in it, no bank account was opened and no share application money was received.

Now the directors want to close the said company. In such case, does the company is
required to prepare financial statements for year ended 31.03.2021 and have to complete
ROC filing or can file form STK-2 directly without preparing financial statements.

Please reply as soon as possible.

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Best Regards
CS Mohit Khanna

Isha Riwal

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Oct 27, 2021, 2:32:48 AM10/27/21
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You can file STK-2 directly as the company was inoperative since incorporation and annual filing is done only upto the financial year in which company was operative. 

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Regards, 
CS Isha J. Riwal
Mem No.: 43918

Contact No.: 7990451383

Pankaj Khandelwal

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Oct 27, 2021, 3:18:17 AM10/27/21
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Mohit,

A newly registered company can be dissolved easily, if it has failed to commence its business within one year of its incorporation. So you can apply directly without annual filing.
You may refer for better understanding : proviso to Rule 4 of the Removal of Name of Companies Rules; Rule 12 of Companies Accounts Rules; Section 129(2) of the Act.
 

Warm Regards

Rahul Khanna

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Oct 27, 2021, 5:25:19 AM10/27/21
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I have different view as without filing INC-20A I dont think the Company can file STK-2.

In my view File INC-20A with declaration that the Company has not started its business operations and shall not carry on its business further.

This is completely my view. Others views are solicited
Thanks and Regards

CS Rahul Khanna
M.No A-41710

M.No. 7052024790/9140541487


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