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CS Executive · Company Law and Practice · Dormant Company

Ruchi Infra Ltd is on the register of dormant companies but fails to comply with the requirements of Section 455, such as filing documents and paying the annual fee. What is the consequence?

The Registrar shall strike off the company's name from the register of dormant companies. Section 455(6) provides this for failure to meet the section's requirements. It is removal from that register, not automatic dissolution of the company, which follows a separate process under Section 248.

  1. AThe Registrar shall strike off its name from the register of dormant companiesCorrect
  2. BThe company automatically becomes dissolved
  3. CThe directors are disqualified for five years
  4. DThe company is converted into a Section 8 company

Explanation

Section 455(6) says the Registrar shall strike off the name of a dormant company from the register of dormant companies if it has failed to comply. This is removal from the dormant register, not dissolution; dissolution arises under Section 248(5) after notice. The distractor of automatic dissolution confuses the two provisions.

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