Rule 3 - Application for obtaining status of dormant company - Companies (Miscellaneous) Rules, 2014

3. Application for obtaining status of dormant company.- For the purposes of sub-section (1) of section 455, a company may make an application in Form MSC-1 along with such fee as provided in the Companies (Registration Offices and Fees) Rules, 2014 to the Registrar for obtaining the status of a Dormant Company in accordance with the provisions of section 455 after passing a special resolution to this effect in the general meeting of the company or after issuing a notice to all the shareholders of the company for this purpose and obtaining consent of at least 3/4th shareholders (in value): Provided that a company shall be eligible to apply under this rule only, if- (i) no inspection, inquiry or investigation has been ordered or taken up or carried out against the company; (ii) no prosecution has been initiated and pending against the company under any law; (iii) the company is neither having any public deposits which are outstanding nor the company is in default in payment thereof or interest thereon; (iv) the company is not having any outstanding loan, whether secured or unsecured: Provided that if there is any outstanding unsecured loan, the company may apply under this rule after obtaining concurrence of the lender 1 [ **** ] ; (v) there is no dispute in the management or ownership of the company 2 [ **** ] ; (vi) the company does not have any outstanding statutory taxes, dues, duties etc. payable to the Central Government or any State Government or local authorities etc.; (vii) the company has not defaulted in the payment of workmen s dues; (viii) the securities of the company are not listed on any stock exchange within or outside India. ************** NOTES:- 1. Omitted vide Notification No. G.S.R. 46(E) dated 20-01-2023 w.e.f. 23-01-2023 before it was read as, and enclosing the same with Form MSC-1 2. Omitted vide Notification No. G.S.R. 46(E) dated 20-01-2023 w.e.f. 23-01-2023 before it was read as, and a certificate in this regard is enclosed with Form MSC-1