Source: 1)b)ii)3m,MDTP5, 1(b)ii)3m,MTP1,Sept2024, 6(c)3m,MTP1,Dec2023, 6(c)3m,Dec2023, RTP,June20183 Marks
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Question Scenario

MTK Private Limited is a company registered under the Companies Act, 2013 on 5th January 2022. The company did not start its business till 31s July 2024. Identify under which category MTK Private Limited company is classified. Explain the definition of the category of the company in detail.

OR

MTK Private Limited is a company registered under the Companies Act, 2013 on 5th January, 2021. The company has not started its business till now. On 7th April, 2023, a notice has been received from ROC for non-filing of FORM No-INC-20A. Identify under which category MTK Private Limited company is classified. Explain the definition of the category of the company in detail.

OR

Core Legal Challenge

Explain the concept of "Dormant Company" as envisaged in the Companies Act, 2013.

Estimated Writing Time: 5 mins Try in Practice Mode

Suggested Answer

1. Provisions of the Act / Applicable Law

“Inactive company” means a company which has not been carrying on any business or operation or has not made any significant accounting transaction during the last two financial years or has not filed financial statements and annual returns during the last two financial years. [Explanation (i) to Section 455 of the Companies Act, 2013]

“Significant accounting transaction” means any transaction other than—

b) payments made by it to fulfil the requirements of this Act or any other law;

[Explanation (ii) to Section 455 of the Companies Act, 2013]

Where a company is formed and registered under this Act for a future project or to hold an asset or intellectual property and has no significant accounting transaction, such a company or an inactive company may make an application to the Registrar in such manner as may be prescribed for obtaining the status of dormant company.

2. Analysis & Application of Facts

a) payment of fees by a company to the Registrar;

c) allotment of shares to fulfil the requirements of this Act; and

d) payments for maintenance of its office and records.

In the instant case, MTK Private Limited was registered on 5th January 2022 and did not start its business till 31st July 2024. Since the Company has not started its business and a period of more than two years has already elapsed, it will be treated as an inactive company.

OR

In the instant case, MTK Private Limited was registered on 5th January, 2021 and has not started its business till now. On 7th April, 2023, a notice has been received from ROC for non-filing of Form No. INC-20A. Since the Company has not started its business and a period of more than two years have already elapsed, it will be treated as an inactive company.

OR

Exam Strategy Tip

When answering law questions in the CA Foundation exam, follow the "Provision -> Facts -> Conclusion" structure for maximum marks. Ensure to state the relevant sections where applicable to earn bonus marks from the evaluator.

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