8 Application for Seeking Status of an Active Company
(1) Anapplication, under sub-section (5) of section 455, for obtaining the status ofan active company shall be made in Form MSC-4 along with fees asprovided in the Companies (Registration Offices and Fees) Rules, 2014 andshall be accompanied by a return in Form MSC-3 in respect of the financialyear in which the application for obtaining the status of an active companyis being filed:
Provided that the Registrar shall initiate the process of striking off thename of the company if the company remains as a dormant company for aperiod of consecutive five years.
(2) The Registrar shall, after considering the application filed under subrule(1), issue a certificate in Form MSC-5 allowing the status of an activecompany to the applicant.
(3) Where a dormant company does or omits to do any act mentioned inthe Grounds of application in Form MSC-1 submitted to Registrar forobtaining the status of dormant company, affecting its status of dormantcompany, the directors shall within seven days from such event, file anapplication, under sub-rule (1) of this rule, for obtaining the status of anactive company.
(4) Where the Registrar has reasonable cause to believe that any companyregistered as ‘dormant company’ under his jurisdiction has been functioningin any manner, directly or indirectly, he may initiate the proceedings forenquiry under section 206 of the Act and if, after giving a reasonableopportunity of being heard to the company in this regard, it is found thatthe company has actually been functioning, the Registrar may remove thename of such company from register of dormant companies and treat it asan active company.