If two directors are available out of three directors of the company to sign the documents regarding EES2010. Can we applied for the same.
Please give the opinion on vd_bansal @ rediffmail.com
Deepak Maharishi
(CS)
(514 Points)
Replied 20 August 2010
Dear Vishnu,
No, you can not apply under EES as an affidavit is required as per format prescribed and that is to be signed by each of the directors.
For you reference, extract of 2(v)(f) of the EES circular is given below for your understanding:
"f) The Form shall be accompanied by an affidavit annexed at Annexure- A of Form EES, 2010, which should be sworn by each of the existing director(s) of the company before a First Class Judicial Magistrate or Executive Magistrate or Oath Commissioner or Notary, to the effect that the company has not carried on any business since incorporation or that the company did some business for a period up to a date (which should be specified) and then discontinued its operations and has not carried on any business after the 1st April, 2008, as the case may be."
Thanks and regards
Deepak Maharishi
Neha Gupta
(PCS)
(377 Points)
Replied 20 August 2010
Yes Affidavit and Indemnity Bond is given by every Director of the Company before appling under EES, 2010
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