Company Law
Kruti B. Parekh
(Querist) 14 October 2010
This query is : Resolved
Case: the Company is amalgamated with another Company in the year 2002 & court order for the same is received. However, the same is not filed with ROC & the status of both the Companies (transferor & transferee) on MCA portal is active.
Can anyone guide me whether we can file court order with ROC today? if yes what is the procedure? Also would like to know whether the transferor Company needs to file balance sheets & P&L for the intermediate years during which the status of transferor Company is active?
Please guide if possible.
Thanks in advance
Kruti B. Parekh
Company Secretary
R.Ramachandran
(Expert) 03 November 2010
Dear Kruti,
Probably because of this doubt whether we can file or not (due to the delay that had already taken place) all along the filing with ROC might not have taken place.
As CS, you must know, the change in the constitution has to be filed with the ROC.
For the delay, ofcourse, the ROC may impose some fine/penalty.
As far as the transferor company, it has to file only one time i.e. upto the date of merger.
As regards the transferee company, the default is continuing. It is better consult the ROC office, file the changes and pay the fine/penalty and regularise the matter at the earliest. The question of separate balance sheets after the merger does not arise, even though two separate entities may appear in the MCA Portal.
