EES, 2011

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Parth Maken (Querist)
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11 January 2011 I have two queries and shall be obliged if anyone could help me.

(1) I would like to know that whether there are any other conditions than those illustrated in the EES, 2011 Scheme on the basis of which R.O.C. may refuse to strike off the name of a defunct company. In other words is the list of companies for which this scheme is not applicable exhaustive?
(2) Can a defunct Pvt. Ltd. Company apply for striking off its name under EES, 2011 Scheme if it has done no business for the last ten years but has a small fixed deposit? In other words can R.O.C. refuse to strike off the name of a company if it has a small fixed deposit with a bank

CA.Yeshwant Mehta

CA.Yeshwant Mehta (Expert)
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13 January 2011 1. No, ROC can not if all the criteria are complied with as per EES 2011. Again it all depends on case to case basis.

2. If the fixed deposit is not covered in the main object clause of the company, then ROC may not refuse. Again it depends on the nature of transaction.

Jayashree S Iyer

Jayashree S Iyer (Expert)
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13 January 2011 If you have liabilities, it could be a problem.

I don't foresee any problem if you have a small FD. The same could be distributed to the shareholders.

CA.Yeshwant Mehta

CA.Yeshwant Mehta (Expert)
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13 January 2011 Jayshree, what happens if the company shows unsecured loan from Directors as outstanding on the liability side and the same amount as losses on the asset side. Do you think this can create problem.

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