Defunct Company

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Parth Maken (Querist)
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29 December 2010 If a company has not filed annual returns for the last ten years and was not in operation for the last ten years then will the company have ti file annual returns for all the ten years? Also tell me wether there are any charges in addition yo Rs.3000.00 that are to be deposited with the EES 2011 Form.

CA Ayush Agarwal

CA Ayush Agarwal (Expert)
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29 December 2010 defunct company” means a company registered under the Companies Act, 1956 which is not carrying over any business activity or operation on or after the 1st April, 2008 and includes a company which has not raised its paid up capital as provided in sub sections (3) and (4) of section 3 of the Companies Act, 1956;

a) Any “defunct company” which has active status on Ministry of Corporate Affairs portal may apply under EES, 2011 in accordance with the provisions of this Scheme for getting its name strike off from the Register of Companies;

(b) Any defunct company which is a Government Company shall submit ‘No Objection Certificate’ issued by the concerned Administrative Ministry or Department or State Government along with the application under this Scheme;

(c) The purpose of the Scheme is to allow eligible companies to avail of this opportunity to exit from the Register of Companies after fulfilling the requirements laid down herewith and the decision of the Registrar of Companies in respect of striking off the name of company shall be final.

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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29 December 2010 PLEASE NOTED :-

Which Companies can apply under EES 2011?

Following Companies can apply under EES 2011 for striking off its name from register of Registrar of Companies:-

Companies which are not operating or not carrying on any business since incorporation; or
Companies which have stopped operating on or before 1st April 2008.
Companies which have not raised it paid up capital to iminimum Rs.1Lac in case of Private limited Company and iiRs. 5 Lac in case of Public Limited Company. However, all companies which want to apply shall have ‘active’ status on MCA portal.

6. Which Companies cannot apply under EES 2011?

Following Companies cannot apply under EES 2011:-

Listed Companies
Section 25 Companies
Vanishing companies
Companies where investigation/ inspection ordered and yet to be taken up or pending
Companies where order u/s 234 has been issued by ROC and reply is pending
Companies where prosecution for a non-compoundable offence is pending in court
Companies accepted deposits which are outstanding or default in repayment
Company having secured loan
Company having management dispute
Company for which filing of docs have been stayed by court or CLB or CG or any other competent authority
Company having dues of Income tax/sales tax/central excise/banks/financial institutions/CG/SG/other local authorities
Companies not having active status on MCA portal .

FOR MORE INFO:-

https://www.easyexitscheme.com/faqs-on-ees-2011.htm?9d45b203821ec3b599d989af528c36fc=51cc9dfc50c0821625bd3e5e4521130d

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