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CS Executive · Company Law and Practice · Dormant Company

Tara Ventures Ltd obtained dormant status last year. It now wishes to resume business. Under section 455, what is the route for it to become an active company?

Tara Ventures must make an application to become active, accompanied by the prescribed documents and fee. Section 455(5) provides this route, so a resolution alone is insufficient, no Tribunal order is needed, and waiting for strike off from the dormant register is not the mechanism.

  1. APass an ordinary resolution; no application is required
  2. BObtain an order from the Appellate Tribunal
  3. CMake an application accompanied by the prescribed documents and feeCorrect
  4. DWait until the Registrar strikes its name off the register of dormant companies

Explanation

Section 455(5) states that a dormant company may become an active company on an application made in this behalf accompanied by such documents and fee as may be prescribed. A mere resolution does not suffice, no Appellate Tribunal order is called for, and striking off is a penalty for non-compliance, not a route to activity.

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