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Suggestive Ways to Deal ROC Latest Notice STK-5

Suggestive Ways to Deal ROC Latest Notice STK-5

The Companies which have not filed their Financial Statement (AOC-4 / 23AC, ACA) or Annual Return (MGT-7) for a period of two immediately preceding financial year shall receive the Notice in form STK-5. Before the filing of the reply to ROC Notice, Go through the three vital points to address the said notice. Check the filing of the financial statement or Annual return, Company is operating or not and want to continue the company or want to strike off.

1. Generally, ROC has issued the notice to only those companies, who have not filed their Financial Statement or Annual return for preceding two financial years.

{In this case – If the notice has been sent mistakenly, write them back with the details and attach challan.}

2.* OPERATIONAL COMPANY & PROMOTERS WANT TO CONTINUE*

{In this case, Before reply to ROC, complete the annual filing of the Company and then reply to ROC that, our Company is working Company and our company inadvertently fails to file Financial Statement and Annual Return. Which we have filed with additional fees (copy of challan is attached).} CA Vashisht Amresh Kumar

3. NO OPERATIONS BUT WANT TO CONTINUE THE COMPANY

{In this case, Before reply to ROC, complete the annual filing of the Company and then reply to ROC that, our Company is working company, however, there are not revenue or profit in our company still we are trying for business in future and our company inadvertently fails to file Financial Statement and Annual Return. Which we have filed with additional fees. Annexed copy of challan is attached.

4. NO OPERATIONS AND DOESN’T WANT TO CONTINUE THE COMPANY

{In this case, the following shall be processed}

FIRST: Complete the Annual Filing of Company (by filing of AOC-4 and MGT-7 with ROC by paying additional fees).

SECOND: File e-form STK-2 for strike off of Company with the relevant attachments.

THIRD: Reply to ROC, that we have completed our pending annual filing with additional fees, Company doesn’t want to continue and e-form STK-2 has been filed for strike off of Company. (attached copy of all the challans of annual filing forms and STK-2) CA Vashisht Amresh Kumar

5. IMPLICATION OF NON REPLY OF ROC NOTICE SKT-5

i. Name of Company shall be removed from the record of ROC.

ii. Bank account of Company shall be ceased.

iii. Directors of Company shall be disqualified.

iv. DIN of Directors shall be ceased.

v. Directors shall not be allowed to continue as directors in other companies.

vi. Directors shall be personally liable for all the statutory and other liabilities of Company.

vii. Directors shall be liable for penalties, punishment or prosecution for non-compliances under the Act.

CA VASHISHT AMRESH KUMAR

MEERUT

Profile photo of CA Amresh Vashisht CA Amresh Vashisht

Meerut, India

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