Fast track exit mode

kavya (CS) (30 Points)

11 March 2016  

Dear Experts,

Solicit your kind views on the below matter:-

A private company was incorporated with only two directors, both of whom were indian. The Company has not carried out any business after 2009 and now wishes to avail of fast track exit scheme. However, one of the aforesaid directors has since expired and his death certificate is not available. He is still being shown as a director of the Company on MCA's records. No filings were done with MCA on his death. I understand that for FTE, an affidavit and indemnity bond is required from ALL directors of the Company. Further, the statement of accounts to be attached to form FTE is generally required to be signed by at least 2 directors. Since in the present case it is not possible to get the aforesaid documents signed by the deceased director, what would be the suitable alternative? Can we file an affidavit regarding his death and proceed with filing form FTE? Any help would be much appreciated.