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CS Executive · Company Law and Practice · Dormant Company

Lakshya Traders Pvt Ltd has not filed financial statements or annual returns for two consecutive financial years and has not applied for dormant status. What does section 455 require of the Registrar?

The Registrar must issue a notice to the company and enter its name in the register maintained for dormant companies. Section 455(4) applies where financial statements or annual returns are not filed for two consecutive financial years, and no application by the company is needed for this step.

  1. AIssue a notice to the company and enter its name in the register of dormant companiesCorrect
  2. BImmediately strike off the name under section 248 without notice
  3. CWait for the company to apply for dormant status before acting
  4. DRefer the matter to the Tribunal for winding up

Explanation

Section 455(4) says that for a company which has not filed financial statements or annual returns for two financial years consecutively, the Registrar shall issue a notice and enter its name in the register for dormant companies. Striking off without notice is not what this provision says, and a company application is not required.

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