Plz help, Reference: In the matter ofsection 560 of the Companies Act, 1956.?

Dear Sir,


i had a company registerd as a pvt ltd company some 10 years back. but due to some circumstances the company become inoperational within a few months around 1998.


but the company closure information was not send to the ROC.


yesterday i received a letter from ROC with the following details:


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Reference: In the matter of the Companies Act, 1956.


1. Pursuant to section 560(1) of the Companies Act, 1956 I have to enquire whether your company is carrying on business or in operation.








2. If the company is not carrying on business or in operation then it will be my duty on receiving a letter to that effect, to publish in the Official Gazette and send to the company a notice that at the expiration of three months from the date of that notice the name of the company will be struck off the Register kept in my office and the company will be dissolved.





3. It will however be seen on reference to sub-section (5) of section 560 of the said Act, that this dissolution is subject to the provisions sthat the liability (if any) of every director and members of the Company shall continue and may be enforced as if the company had not been dissoved.





4. I shall be glad to receive a reply to this enquiry within a month from the date of this letter.





Registrar of Companies





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as per now, the company is completly inoperational and no business at all, the balance sheets are also not available.


what i should do, so that the comapny name get struck off from the ROC register.


Plz help.





thanks.


regards





sushant|||It's pretty straight-forward - send them a letter as stated in 2.


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2. If the company is not carrying on business or in operation then it will be my duty on receiving a letter to that effect, to publish in the Official Gazette and send to the company a notice that at the expiration of three months from the date of that notice the name of the company will be struck off the Register kept in my office and the company will be dissolved.|||What happened to the assets of the company including unsold stocks? What happened to the employees? What are the liabilities that remain due as on date? Are there statutory liabilities such as Provident fund, ESI, Commercial tax or other dues?. Even if you write to the Registrar of companies to remove the name of the company from the register, they will ask for a final Balance sheet showing no outside liabilities and assets other than cash/Bank. Better compile accounts and make out a Balance sheet. File all annual returns including Schedule V, and AGM Resolutions. The proper way is to wind up the company by actually settling all liabilities that remain and inform the Registrar of Companies accordingly.