Section 3 in The Companies (Miscellaneous) Rules, 2014
3. Application for obtaining status of dormant company.
- For the purposes of sub-section (1) of section 455, a company may make an application in Form MSC-1 along with such fee as provided in the Companies (Registration Offices and Fees) Rules, 2014 to the Registrar for obtaining the status of a Dormant Company in accordance with the provisions of section 455 after passing a special resolution to this effect in the general meeting of the company or after issuing a notice to all the shareholders of the company for this purpose and obtaining consent of at least 3/4th shareholders (in value):Provided that a company shall be eligible to apply under this rule only, if-(i)no inspection, inquiry or investigation has been ordered or taken up or carried out against the company;(ii)no prosecution has been initiated and 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, whether secured or unsecured:Provided that if there is any outstanding, unsecured loan, the company may apply under this rule after obtaining concurrence of the lender and enclosing the same with Form MSC-1;(v)there is no dispute in the management or ownership of the company and a certificate in this regard is enclosed with Form MSC-1;(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.
