G. M. Borkar & Co.

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MCA issues criteria for identification of a vanishing company

Criteria for identification of a vanishing company: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;
ii) The conditions mentioned at (a), (c) & (d) would suffice to declare a company as vanishing if such company has been de-listed from the Stock Exchange.

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