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Union of India - Section

Section 10 in The Companies (Miscellaneous) Rules, 2014

10. Association or partnership of persons exceeding certain number.

- No association or partnership shall be formed, consisting of more than fifty persons for the purpose of carrying on any business that has for its objects the acquisition of gain by the association or partnership or by individual members thereof, unless it is registered as a company under the Act or is formed under any other law for the time being in force.
FORM NO.MSC.1[Pursuant to sub-section (1) of section 455 of The Companies Act, 2013 read with rule 3 of the Companies (Miscellaneous) Rules, 2014]| Application to Registrar for obtaining the status of dormant company
.
Form languageEnglishHindiRefer the instruction kit for filing the form.|- 1. *Whether the company is incorporated underCompanies Act 2013Any previous Companies Act|- 2.(a) *CIN| | | |- (b) *GLN| | | |- 3. (a) Name of the company| |- (b) Registered officer address|- |- (c) email Id| |- 4. Type of company| | | |- 5. Date of incorporation of the company| | | |- 6. Object of the company as per Memorandum of Association (MOA)| |- |- 7. (a) *Date of passing board resolution| |- (b) *Date of passing special resolution| |- (c) *SRN of Form filed for special resolution| |- 8.(a) *Whether the objects of the company are being regulated under any special Act|- YesNo
*(b) (i) Name of the regulator body| |- (ii) Date of obtaining the approval/NOC of regulatory body for obtaining the status of a dormant company |- (iii) Order number |- 9.(a) *Number of directors| |- (b) Particulars in respect of each director|- (i) *Director identification number (DIN) | |- (ii) Name |- (iii) *Designation |- (iv) *Category |- 10. *Grounds of application|- The company is formed and registered under the Companies Act, 2013 for
any future project.
holding an asset or intellectual property.
AND|- The company has no significant transaction since incorporation.
The company has not been carrying on any business or operation since |- The company has not made any significant accounting transaction during the last two financial years.
The company has not filed financial statements and annual returns during the last two financial years.
11. (a) *Whether the company have any assets or liabilitiesYesNo|- (b) (i)Financial year end date to which last financial statement and annual return pertains|- (ii) Date on which last financial statement and annual return were filed| |- (Attach the latest financial statement and annual return of the company
| |- (iii) *If the financial statement and annual return is not filed for any year in the last two financial years, reasons thereof|- |- (c) (i) Date on which last significant transaction was made| |- (ii) Nature of such transaction|-  
| Attachments| | List of attachments|- 1.| *Copy of board resolution authorizing making of this application ;| | |- 2.| *Copy of Special resolution;| |- 3.| *Auditor's Certificate;| |- 4.| Statement of affairs duly certified by Chartered Accountant or Auditor(s) of the company;| |- 5.| Copy of approval or no objection certificate (NOC) from the regulatory authority, if Applicable;| |- 6.| Consent of the lender if any loan is subsisting;| |- 7.| latest financial statement and annual return of the company;| |- 8.| Certificate regarding no dispute in the management or ownership ;| |- 9.| Optional attachment(s), if any| |- | | |- Declaration|- I *,| |- hereby confirm that|- (i) no inspection, inquiry or investigation has been ordered or taken up or carried out against the company;|- (ii) no prosecution has been initiated or pending against the company under any law;|- (iii) the company is neither having any public deposits which are outstanding nor the company is in default in payment thereof or interest thereon;|- (iv) the company is not having any outstanding loan or if there is any, the concurrence of the lender has been obtained and is enclosed herewith this application;|- (v) there is no dispute in the management or ownership of the company;|- (vi) the company does not have any outstanding statutory taxes, dues, duties etc. payable to the Central Government or any State Government or local authorities etc.;|- (vii) the company has not defaulted in the payment of workmen's dues;|- (viii) the securities of the company are not listed on any stock exchange within or outside India;|- (ix) this application has not been made with an objective to deceive the creditors or to defraud any other person.|- (x) I am authorized by the Board of Directors of the company vide resolution number *dated *to sign this form and declare that all the requirements of the Companies Act, 2013 and the rules made thereunder in respect of the subject matter of this form and matters incidental thereto have been complied with. I further declare that|- (a) Whatever is stated in this form and in the attachments thereto is true, correct and complete and no information material to the subject matter of this form has been suppressed or concealed and is as per the original records maintained by the company.
(b) All the required attachments have been completely and legibly attached to this form all the information given herein above is true, correct and complete including the attachments to this form and nothing material has been suppressed.
(xi) I understand that furnishing any false or incorrect particulars of any information or Suppression of any material information shall attract punishment under section 448 and 449.|- *To be digitally signed by| |- *Designation| | |- *DIN of the director; DIN or Income Tax PAN of the manager or CEO or CFO; or membership number of company secretary| | |- |- Note : Attention is drawn to provisions of sections 448 and 449 which provide for punishment for false statement and punishment for false evidence respectively.|- |- | | | |- |- This eForm has been taken on file maintained by the registrar of companies through electronic mode and on the basis of statement of correctness given by the company.
Form No. MSC-2|- Certificate of status of a Dormant Company|- [Pursuant to sub-section (2) of section 455 read with rule 4 of Companies (Miscellaneous) Rules, 2014]|- Corporate Identity Number : --------------------------------------|- Date of issue of Certificate of incorporation :|- Name of the Company|- I hereby certify that the above named company has this day been declared as Dormant Company as per the provisions of Section 455(2) of the Companies Act, 2013 on the basis of the application filed by the Company under Section 455(1).|- Given under my hand at ---------------------- this day of -----------two thousand ----
Sd/-|- ROC/DROC/AROC|- ---------------------|- State|- |- Note :|- This certificate declaring the dormant status of the Company is being issued on the basis of the application filed by the Company only. The Company may get its status revived to 'Active' on compliance of the provisions of Section 455(5) of the Act. The name of the Company can also be struck off under Section 455(6) of the Act. The stakeholdres are advised to check the latest status of the Company on WWW.mca.gov.in/MCA21/.
FORM NO.MSC.3[Pursuant to sub-section 455(5) of The Companies Act, 2013 and rule 7 and 8 of the Companies (Miscellaneous) Rules, 2014]| Return of dormant companies
Form languageEnglishHindiRefer the instruction kit for filing the form.|- 1.| (a) *CIN| | | |- | (b) *GLN| | | |- 2.| (a) Name of the company| |- | (b) Registered officer address|- | |- | (c) email Id| |- 3.| (Date of issue of certificate of dormant company| | |- 4.| *Brief particulars of the principal business activities of the company|- | |- 5.| *Financial year end date to which this return relates| |- 6.| *Number of directors| |- 7.| Particulars of the Board meeting(s) held| |- {|
S.No. Date of meeting Total numbers of Directors as on the Date of Meeting Total No. of Directors present in the Date of Meeting
1      
2      
3      
4      
|-| 8.| Change in the management of the company| |-| {||-| Date of change| Names of the key persons in the new Management| Reason(s) of change|-||||-||||-||||-||||}|-| 9.| Statement of transactions other than significant accounting transactions; if any|-| {||-| Particulars| Amount (in Rupees)|-| Payments for maintenance of its office and records||-| Payments made to fulfill the requirements of the Act||-| Payment of fees to Registrar||}|-| 10.| Particulars of allotment of shares, if any|-| | (a) Date of allotting the shares| | (latest date in the current year)|-| | (b) Purpose of allotment| |-| | (c) Number of shares allotted| | |-| | (d) Face value per share| | (e) Paid up value of such shares| |-| | (f) Consideration received in| | |-| 11.| *Particulars of the annual fee (Amount in Rupees)| |-| | (Enter the amount to be paid along with this form|-| 12.| *Whether any significant transaction is carried out during the yearYesNO|-| | If yes, brief|-| | |-| 13.| Shareholding pattern of the company|-| {||-| S.No.| Category of share holders| Percentage as on| Percentage as on|-| 1.| Government (Central and State)|||-| 2.| Government Companies|||-| 3.| Public financial institutions|||-| 4.| Nationalized or other bank(s)|||-| 5.| Mutual Funds|||-| 6.| Venture Capital|||-| 7.| Foreign holdings (Foreign Institutional Investors, Foreigncompanies, Non-resident Indians, Foreign financial institutionsor Overseas corporate bodies)|||-| 8.| Bodies Corporate (not mentioned above)|||-| 9.| Directors or relatives of directors|||-| 10.| Other top fifty shareholders (other than mentioned above)|||-| 11.| Others|||-| 12.| Total|||-|| Total number of shareholders|||}|-| Attachments|-| |-| 1. *Copy of Board resolution showing authorization given for filing this declaration;| |-| 2. *Duty audited statement of financial position;| |-| 3. *Optional attachment(s), if any.| |-| Declaration|-| I am authorized by the Board of Directors of the company vide resolution no.*dated*to sign this form and declare that all the requirements of companies Act, 2013 and the rules made thereunder in respect of the subject matter of this form and matters incidental thereto have been complied with. It is further declared that all the required attachments have been completely, correctly and legibly attached to this form.|-| | The status of the Company continues to be a dormant Company under Section 455(1) of the Act as on date.|-| *To be digitally signed by DSC Box|-| *Designation| |-| *DIN of the director; or DIN or PAN of the manager or CEO or CFO; or Membership number of the secretary| |-| Note : Attention is also drawn to the provisions of section 448 of the Act which provides for punishment for false statements.|-| | | | | |-| |-| For office use only :| |-| eForm Service request number (SRN)| | eForm filing date| (DD/MM/YYYY)|-| This e-Form is hereby registered|-| Digital Signature of the authorising officer| | |-| Date of signing| | (DD/MM/YYYY)|}
FORM NO.MSC.4[Pursuant to Section 455(5) of the companies Act, 2013 nad rules 8 of the Companies (Miscellaneous) Rules, 2014]| Application for seeking status of active company
Form languageEnglishHindiRefer the instruction kit for filing the form.|- 1.| (a) *CIN| | | |- | (b) *GLN| | | |- 2.| (a) Name of the company| |- | (b) Registered officer address|- | |- | (c) email Id| |- 3.| *SRN of Form No. MSC.1 filed for seeking status of dormant company| |- 4.| SRN of latest declaration filed in Form No. MSC. 3| |- 5.| *Company remained in dormant status since| |- 6.| *Reasons of dormant status (Whether for future project or due to failure to respond to notice under sub-section (4) of section 455 or for any other reason)|- | |- | |- I| *, do hereby apply for changing the status of the company from Dormant to Active as per the provision of sub-section (5) of section 455 of the Companies Act, 2013.|- Attachments|- |- 1. *Copy of Board resolution authorizing the filing of this declaration;| |- 2. *Optional attachment(s), if any.| |- Declaration|- I am authorized by the Board of Directors of the company vide resolution number*dated*to sign this form and declare that all the requirements of companies Act, 2013 and the rules made thereunder in respect of the subject matter of this form and matters incidental thereto have been complied with. It is further declared that all the required attachments have been completely, correctly and legibly attached to this form.|- *To be digitally signed by| |- *Designation| |- *DIN of the director; or DIN or PAN of the manager or CEO or CFO; or Membership number of the secretary| |- Note : Attention is also drawn to the provisions of section 448 of the Act which provides for punishment for false statements.|- | | | | |- |- For office use only :| |- eForm Service request number (SRN)| | eForm filing date| (DD/MM/YYYY)|- Digital Signature of the authorising officer|- This e-Form is hereby approved| | |- This e-Form is hereby rejected| |- Date of signing| | (DD/MM/YYYY)
Form No. MSC.5|- Certificate of status of an active Company|- [Pursuant to sub-section (5) of section 455 read with rule 8(2) of Companies (Miscellaneous) Rules, 2014]|- Corporate Identity Number : --------------------------------------|- Date of issue of Certificate of incorporation :|- Date of issue of Certificates of status as dormant company :|- Name of the Company|- I hereby certify that the above named company has this day been declared as Active Company as per the provisions of Section 455(5) of the Companies Act, 2013 on the basis of the application filed by the Company under Section 455(5).|- Given under my hand at ---------------------- this------day of -----------two thousand ----
Sd/-|- ROC/DROC/AROC|- State|- |- Note :|- This certificate declaring the active status of the Company is being issued on the basis of the application filed by the Company only. The stakeholdres are advised to check the latest status of the Company on WWW.mca.gov.in/MCA21/.