Procedure For Obtaining Status Of Dormancy ‘Dormant Company 
                     Procedure For Obtaining 
  Status Of Dormancy 
‘Dormant Company
Introduction
As per Section 455 of Companies Act 2013, where a company is 
  formed and registered for a future project or to hold an asset or 
intellectual property and has no significant accounting transaction, 
such company or an inactive company may make an application to 
the Registrar for obtaining a status of the dormant company.
2
Significant Accounting 
Transaction
Smiegannificant AccouPaymse natn oyf  tFraenessa
ncttiinogn  Toransaction” 
  Registrar; Payme nbtys  am cao
tmhepra tnhan– de by iyt  ttoo  ftuhet lfi
 ll 
lra
he req
ewqu; iArell
uoitrmeme entsmentsn to of f 
 of this Act or any other 
for maintenance toh
sihsa Arecst; to fulfill the 
Above Mention Traf its off
 and
nsactiiocnes a
 Pndayments 
are exclu  
 records. 
Transactidoends .from Significant Accounting 
tIfr aa company thant scaocmtiopnasn yin
has made above mention 
Inactive Comp w
 laills ft twany.a ll u
on ydeearr  dtheefinni taiolsno o f 
3
Inactive Company
Inactive Company” means a company which: has not been Carrying 
  on Any Business or operation, or has not made any Significant 
Accounting Transaction during the last two financial years, has not 
filed Financial Statements and Annual Returns during the last 
two financial years.
4
Financial Statement
The term “Financial Statement” as per section 2(40) mean: 
Balance-Sheet at the end of Financial year; Profit & Loss 
  Account or Income or Expenditure account, as may be 
applicable; Cash Flow for the Financial year; and 
Explanatory note attached to any document in sub-clause 
(i) or (ii) above. 
As per Sub-Section (4) Section 455:  where a company not 
filed or fails to file financial statements or annual return for 
two financial year consecutively, the Registrar of Company 
shall issue a notice to that company and enter the name of 
such company in register maintain for Dormant Company.
5
Conditions For Applying For Dormancy
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fcuolfnditions are required to be
  
tinavke
illsetdig:a Ntioo nin hsapse cbteioenn,  oinrqdueirreyd o or r 
  co en up or carried out against the 
oha
mpany; The comp
utvsintagn adniny public de
apnoys iitss  nwehitichhe ra re 
dtheefraeuoltn i;n  p
ga ynmore ins tt hthee creoomf poar ninyt einre st 
pNeon pdriosany lanwg
e acution has been initiated or 
defaulte;d T
ghaei ncsotm thpea ncoy mhapsa ny under 
workmen’ sin d tuhees p; ayment of 
not 
oTuhdut
es tcaonmties ed
pan
tcing s
y does not have any 
Governme. n pt a
tyaatubtory taxes, dues, 
Government oorr  alon
lye  Stot athtee  Central cal authorities etc.;
6
Process For Obtaining Status Of Dormant Company
  CEGalMl amake.  
 ABuoard Meeting- to call 
ROC. app
thlicoaritzioanti ofonr t oD odrirmeactnotr w toit h 
E IsnsueAccgoaug
 eN oatnicntant  A
eu odf itGeneral Meeting to issoure/  Ccehratirftiecraeted.  
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ouniseith RreOd
n.t)  oFfi 3C. le
/ 4Et-hf osrhma rMehGoTld-1e4rs  
7
Attachments
CTC of Special Resolution. Notice of EGM along with Explanatory 
  Statement. 
After filling of form MGT-14, File Form MSC-1with the ROC.
8
Attachments
Attachments: CTC of Board Resolution. CTC of Special 
  Resolution. Auditor’s Certificate. Statement of Affairs duly 
certified by Chartered Accountant or Auditor(s) of the 
company. 
Latest Financial Statement and Annual Return of the 
Company is mandatory to attach in case the same is filed to 
Registrar.
9
Certificate
A system generated Certificate of status of a Dormant Company is 
  issued by Registrar and sent to the user as an attachment to the 
email, after approval is granted. 
Once the form is approved the status of the company shall be 
changed to ‘Dormant under section 455’.
10
Forms Required To Be Filed With ROC After Status Of 
Dormant:
A dormant company shall file a declaration annually in Form No. MSC-3 within 
  thirty days from the end of each financial year.
Company shall continue to file the return or returns of allotment and change in 
directors in the manner and within the time specified in the Act, whenever the 
company allots any security to any person or there is any change in the directors 
of the company.
 If company wants to get Active status to be file e-form MSC-4 with ROC, then 
gets active company status.
11
The Company May Carry 
Following Business 
Transactions in The 
Period Of Dormant:
  
Payment of fees by a company to the Registrar; Payments made by 
it to fulfill the requirements of this Act or any other Law; Allotment of 
shares to fulfill the requirements of this Act; and Payments for 
maintenance of its office and records.
12
Other Provisions:
AM idnoimrmuamn Nt cuommbpearn oyf  sDhiraellc htoarvse.  such 
 m{Ain dimorumma nnut mcobmepr aonf yth srehea lld hirave a cina scea soef  oaf  pau pbrliicv actoem cpoamnpya, tw
e
ny o
c tors ianddir eocnt
no rs 
  dCioremcptoarn iyn}  cFaise
e 
such annual fleee 
 soufc ah  Odonceu Pmeersnotsn  as may be pres carnibde pdathe Registrar to retain its dormant statu t
yo  
Aca Dsho rfmloawnt Company need not enclose 
s. 
aAc Dcoourmntasn.
  statements in its annual 
Btoo caordn voef nDe
t C
i rat
o lmectea
psanors th o
y
an
 is 
se b 
rmequireeene tcin
egd  of the 
igna epa bceht whaelef no ft hae c tawleon mdaere year
o annddu ctedtings is notht e 
 
less than ninety days.
13
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