Part D : Company Law updates
18 Criteria
for identification of a vanishing company — Clarification on MCA website
A company would be deemed to
be a vanishing
company, if it is found to have :
(a) Failed to file
returns with Registrar of Companies (ROC) for a period of two years;
(b) Failed to file
returns with Stock Exchange (SE) for a period of two years (if it continues
to be a listed company);
(c) It is not
maintaining its registered office of the company at the address notified
with the Registrar of Companies/Stock Exchange; and
(d) None of its
directors are traceable.
Notes :
(i) All the conditions
mentioned above would have to be satisfied before a listed company is
declared as a vanishing company; and
(ii) The conditions
mentioned at (a), (c) and (d) would suffice to declare a company as
vanishing if such company has been de-listed from the Stock Exchange.
erala, Lakshadweep, Madhya
Pradesh, Maharashtra, Manipur, Meghalaya, Orissa, Punjab, Rajasthan, Tamil Nadu,
Uttar Pradesh, Uttarakhand and West Bengal with effect from 1st April 2010.