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Microlesson · 5-min read

Dormant Company

# Dormant Company

A dormant company is essentially a 'sleeping' company that legally exists but doesn't carry on significant business operations. The Companies Act recognises and accommodates such companies, allowing them to maintain their corporate existence without the full compliance burden.

## Who Can Apply for Dormant Status?

A company can apply to the Registrar for dormant status if it is:

1. Formed and registered for a future project — for example, a special purpose vehicle (SPV) being kept ready for a project that will start later, OR

2. Formed to hold an asset or intellectual property — for example, a company holding land or a patent without active business, OR

3. An inactive company — already in existence but currently dormant.

## The Key Test — 'No Significant Accounting Transaction'

The company must have no significant accounting transaction during the period.

### What is NOT a 'significant accounting transaction'?

The following transactions are excluded (i.e., they do NOT disqualify a company from dormant status):

#Excluded Transaction
(i)Payment of fees by the company to the Registrar
(ii)Payments made to fulfil requirements of this Act or any other law
(iii)Allotment of shares to fulfil requirements of this Act
(iv)Payments for maintenance of its office and records

## Application Procedure

  • The company makes an application to the Registrar.
  • It must be filed in the manner prescribed by the rules.
  • On approval, the Registrar grants the status of a dormant company.

## Practical Significance

  • A dormant company retains its legal existence — no need to strike it off and reincorporate later.
  • It enjoys lower compliance while preserving the corporate shell for future use.
  • Ideal for project SPVs, IP-holding companies, or companies between projects.

Worked example

### Example 1

Example 1 - Future Project: PQR Infra Ltd. is incorporated today to undertake a power project starting in 2028. Until then, it has no business. PQR can apply to the Registrar for dormant company status, since it was formed for a future project and has no significant accounting transaction.

### Example 2

Example 2 - IP Holding: A group sets up TM Holdings Pvt. Ltd. only to own trademarks of the group. It pays no salaries, has no operations, but pays ROC annual filing fees and rent for a small registered office. These transactions are excluded from the definition of 'significant accounting transaction' — TM Holdings can validly claim dormant status.

### Example 3

Example 3 - Disqualifying Transaction: ABC Ltd. claims dormant status but during the year sells a small consultancy service for ₹2 lakhs. This is a significant accounting transaction (not in the excluded list), so ABC cannot enjoy dormant status.

⚠️ Common exam mistakes

  • Treating ALL transactions as 'significant' — payments to ROC, maintenance costs, and share allotment for statutory purposes are SPECIFICALLY excluded.
  • Confusing 'dormant company' (a status granted on application) with 'defunct/struck-off company' (removed from register).
  • Forgetting that the application is made to the Registrar (not the Tribunal or Central Government).
  • Missing that even an 'inactive company' (one already existing) can apply, not just newly formed ones.
Bare-Act text Section 455 · Companies Act, 2013 · click to expand
Where a company is formed and registered under this Act for a future project or to hold an asset or intellectual property and has no significant accounting transaction, such a company or an inactive company may make an application to the Registrar in such manner as may be prescribed for obtaining the status of a dormant company. 'Significant accounting transaction' means any transaction other than— (i) payment of fees by a company to the Registrar; (ii) payments made by it to fulfil the requirements of this Act or any other law; (iii) allotment of shares to fulfil the requirements of this Act; and (iv) payments for maintenance of its office and records.
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