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CS Executive · Company Law and Practice · Dormant Company

Kaveri Traders Pvt Ltd has not filed its financial statements or annual returns for two consecutive financial years and has made no application for dormant status. Under section 455, what is the Registrar's course of action?

The Registrar issues a notice to the company and enters its name in the register of dormant companies. Section 455(4) applies where financial statements or annual returns have not been filed for two consecutive financial years, and it works without any application from the company.

  1. AIssue a notice to the company and enter its name in the register of dormant companiesCorrect
  2. BWait for the company's application and take no step until then
  3. CImmediately file a winding-up petition before the Tribunal
  4. DDirect the company to appoint an auditor and withdraw the default

Explanation

Section 455(4) states that where a company has not filed financial statements or annual returns for two financial years consecutively, the Registrar shall issue a notice to it and enter its name in the register maintained for dormant companies. No application by the company is needed.

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