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Dormant Status Filing for Company

The Dormant Status Filing form is used by companies that are inactive and not carrying on business to declare their dormant status with the Ministry of Corporate Affairs (MCA). This filing is mandatory under the Companies Act, 2013 for companies that wish to remain dormant without facing penalties for non-compliance.

Who Needs to File for Dormant Status?

  • Companies that are not carrying on any business or have not carried on any business for a specified period.
  • Companies that want to maintain their legal status while being inactive, to avoid penalties or removal from the MCA records.
  • Companies that intend to be dormant for a temporary period but plan to resume business in the future.

Benefits of Dormant Status Filing

  • Compliance: Ensures that the company complies with legal requirements by declaring its dormant status to the MCA.
  • Maintain Legal Existence: Allows the company to retain its legal existence without carrying on any business activities.
  • Avoid Penalties: Helps avoid penalties or removal from the Ministry of Corporate Affairs (MCA) records for inactive companies.

Consequences of Non-Compliance

If a company fails to file for Dormant Status, it may face penalties for non-compliance, and the company could be struck off from the MCA register. Furthermore, non-compliance may affect the company's ability to operate in the future and may result in reputational damage.

Documents Required for Dormant Status Filing

  • Board resolution or special resolution approving the application for dormant status.
  • Company details, such as CIN (Corporate Identification Number) and registered address.
  • Declaration of inactivity or non-operation for the applicable financial period.
  • Any other relevant documents as required by the Ministry of Corporate Affairs (MCA).

Step-by-Step Process for Dormant Status Filing

  • Preparation of Documents: Gather all relevant documents, including a declaration of inactivity and the board resolution for dormant status.
  • Complete Dormant Status Form: Fill out the appropriate form (e.g., Form MSC-1) with the required details about the company's inactivity.
  • Board Resolution: Pass a Board resolution or special resolution for declaring the company dormant (if applicable).
  • File with MCA: Submit the Dormant Status form electronically through the Ministry of Corporate Affairs (MCA) portal.
  • Confirmation: Once submitted, the MCA processes the filing and provides confirmation upon approval of the dormant status declaration.

Filing Lounge's Process for Dormant Status Filing

  • Initial Consultation: We assess your company's situation and guide you through the Dormant Status filing process.
  • Document Preparation: We assist in preparing and verifying the required documents, including the declaration of inactivity and the board resolution.
  • Filing with MCA: We file the Dormant Status form on your behalf with the Ministry of Corporate Affairs (MCA) to ensure timely submission.
  • Post-Filing Support: We provide assistance in tracking the status of the filing and obtaining confirmation from the MCA.

How Filing Lounge Can Help

Filing Lounge offers expert services to ensure smooth and compliant Dormant Status filings for companies. We manage the entire process, from document preparation to submission, ensuring timely compliance with legal requirements.

  • Expert Guidance: Get expert advice on the Dormant Status filing process and how to declare your company's inactive status.
  • Comprehensive Assistance: We handle all the paperwork, filings, and coordination with the Ministry of Corporate Affairs (MCA).
  • Quick Processing: We ensure your Dormant Status filing is processed on time to meet statutory deadlines.
  • Compliance Assurance: We ensure that your Dormant Status filing is fully compliant with the relevant laws and regulations.

For more information, visit our Dormant Status Filing page.

With Filing Lounge, the Dormant Status filing process is quick, easy, and fully compliant with the law.

Proprietorship vs Limited Liability Partnership (LLP) vs Company

Features Proprietorship Partnership LLP Company
Definition A sole proprietorship is an unregistered business entity managed by a single individual. A legal contract between multiple parties to jointly manage and run a business operation. A business type that combines aspects of a partnership and the limited liability of a corporation. A registered business where owners and shareholders have limited liability.
Ownership
  • Single individual
  • Min 2 Partners
  • Max 50 Partners
  • Designated Partners: Min 2(No upper limit)
  • Min: 1 shareholder (for a private company), 7 shareholders (for a public company)
  • Max: 200 shareholders (for a private company), no upper limit (for a public company)

For One Person Company
  • Minimum: 1 individual
  • Maximum: 1 individual
Registration Time 7-10 working days
Promoter Liability Unlimited Liability Limited Liability
Documentation
  • Partnership Deed
  • PAN card of the partnership firm
  • LLP Agreement
  • Incorporation Certificate
  • PAN card of the LLP
  • MOA
  • AOA
  • Certificate of incorporation
  • PAN card of the company
Governance No specific governing law Governed by the terms outlined in the partnership deed Governed by the LLP agreement Governed by a formal structure including a Board of Directors
Transferability Business cannot be transferred Ownership transfer requires the consent of all partners as outlined in the partnership deed. Transferable Easily Transferable for public companies. In private companies, there might be some restrictions.
Compliance Requirements
  • Income tax filing if the turnover exceeds Rs. 2.5 lakhs.
  • Must file ITR 5
  • Must file ITR 5
  • File Form 11
  • Form 8
  • MCA filing
  • Auditor's appointment
  • File ITR 6

Dormant Status Filing FAQ's

What is Dormant Status Filing?

Dormant status filing is the process of declaring a company as dormant with the Ministry of Corporate Affairs (MCA) when it has not carried out any business operations during a certain period.

Why is Dormant Status Filing necessary?

Filing for dormant status is necessary to comply with the Companies Act, 2013 when a company is not active. It helps the company avoid unnecessary penalties and ensures that it is legally recognized as inactive.

What documents are required for Dormant Status Filing?

The documents required for dormant status filing include the board resolution declaring the company dormant, declaration of inactivity, company details, and the MCA filing forms.

Can Dormant Status Filing be done online?

Yes, dormant status filing can be done online through the Ministry of Corporate Affairs (MCA) portal by submitting the required forms and documents electronically.

What is the resolution for Dormant Status Filing?

The resolution for dormant status filing is a formal decision passed by the Board of Directors to declare the company dormant. It must be submitted with the dormant status filing to the MCA.

What happens after submitting Dormant Status Filing?

Once the dormant status filing is submitted, the Ministry of Corporate Affairs (MCA) will process the request. If approved, the company will be officially declared dormant and will no longer be required to file annual financial statements or hold AGMs.

Can a company file for Dormant Status after its formation?

Yes, a company can file for dormant status after its formation, provided it has not conducted any business or operations. The filing must be done as part of annual compliance for companies wishing to maintain their dormant status.

What is the process for Dormant Status Filing?

The process involves passing a board resolution to declare the company dormant, preparing the required documents, completing the MCA filing forms (MSC-1), and submitting the forms on the MCA portal for approval.

What happens if I do not file for Dormant Status?

If you fail to file for dormant status, the company may continue to be considered active, which could result in penalties and unnecessary filings, potentially increasing the company’s compliance costs.

How long does the Dormant Status filing process take?

The filing process generally takes a few days once all documents are prepared. The approval from the MCA may take a few weeks, depending on their processing time and compliance verification.

How can Filing Lounge help with Dormant Status Filing?

Filing Lounge offers comprehensive assistance with the dormant status filing process, from preparing the required documents to submitting the filing on the MCA portal and ensuring timely compliance with all legal requirements.

Related Business Registrations

In addition to registration or incorporation, a business may require other registrations depending on the business activity undertaken. Talk to an Advisor to find out registrations your business may require post registration.

MCA Compliance

Each registered entity is required to meet its compliance duties at the close of each financial year. This generally includes auditing financial statements, filing income tax returns, and submitting annual forms to the Ministry of Corporate Affairs (MCA).

Compliance For Form Due date Penalty
Commencement of Business Intimation to Registrar for Commencement of Business Within 180 days from incorporation INR 50,000 on company and INR 1,000 per day on directors for each day of default
Annual KYC of Directors DIR 3 E-KYC 30th September of every year INR 5,000 for late filing
Appointment of Auditor Form ADT 1 Within 15 days of the AGM INR 300 per day (max INR 12,000)
Financial Statements Form AOC 4 Within 30 days from the AGM INR 100 per day of default
Annual Return Form MGT 7 Within 60 days from the AGM INR 100 per day of default

All Limited Liability Partnerships (LLP) in India must file annual returns with the Ministry of Corporate Affairs (MCA). FilingLounge provides affordable services to help you keep your LLP compliant.

LLP Compliance Form Due date Penalty
Annual KYC of Directors DIR 3 KYC 30th September of every year INR 5,000 for late filing
Annual Return Form 11 May 30th every year INR 100 per day of default
Statements of Accounts and Solvency Form 8 30th October every year INR 100 per day of default (minimum penalty INR 10,000)

In addition to the filings listed above, there may be other compliance requirements relevant to LLPs. To ensure all compliance needs of your LLP are met, please seek assistance from a Filinglounge Advisor.

Entity Compliance Form Due date
Private Limited Company Annual Return MGT-7 Within 60 days from the conclusion of the AGM
Financial Statements AOC-4 Within 30 days from the conclusion of the AGM
DIR-3 KYC DIR-3 KYC 30th September every year
Return of Deposits DPT-3 30th June every year
Appointment of Auditor ADT-1 Within 15 days from the conclusion of the AGM
Income Tax Return (Non-audit case) ITR-6 31st July every year
Income Tax Return (Audit case) ITR-6 30th September every year
Annual GST Return GSTR-9 31st December of the subsequent financial year
MSME Form Form 1 (MCA) half-yearly return by 31st October (April to September), & 30th April for the period October to March every year
Limited Liability Partnership Income Tax Return (Non-audit case) ITR 5 31st July every year
Income Tax Return (Audit case) ITR 5 30th September every year
Annual Return Form 11 30th May every year
Financial Statements Form-8 30th October every year

Note : There might be extra filings needed depending on your business type and activities. Talk to a FilingLounge advisor to get the right guidance for your company's compliance.