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Pathak Associates
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Technology services · Ranchi, Jharkhand

A company two years behind at the ROC

A dormant private limited company faced strike-off and director disqualification after two years of unfiled annual returns.

Filings outstanding
6
Directors at risk
2
Status
Active, compliant

स्थिति

The founders had wound down operations but never formally closed the company, assuming that a business with no revenue had nothing to file. MGT-7 and AOC-4 were unfiled for two financial years, both directors' DIR-3 KYC had lapsed, and the ROC had issued a notice proposing to strike the company off the register.

हमें क्या मिला

A dormant company still files. The exposure was not only the accumulating daily late fees but director disqualification under section 164(2), which follows three years of default and bars the individual from any board for five years — including companies they had nothing to do with. One founder was in the process of joining another company's board, which the disqualification would have blocked.

हमने क्या किया

  1. 1

    Reactivated both DINs through DIR-3 KYC, since no filing can be signed with a deactivated DIN.

  2. 2

    Prepared financial statements for both years, nil but properly drawn and audited.

  3. 3

    Filed AOC-4 and MGT-7 for both years with the additional fees, oldest first.

  4. 4

    Responded to the strike-off notice evidencing that the default had been cured.

  5. 5

    Set out the two realistic paths forward — maintain minimum compliance, or close the company formally under section 248 — with the annual cost of each.

नतीजा

The company remained on the register and both directors avoided disqualification, which mattered more than the company did. The founders chose to keep it active with minimum compliance while deciding on a new venture. Had the default reached a third year, the disqualification would have been automatic and no filing would have undone it.

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