Amritorupa Kanjilal (Manager-Secretarial) (90 Points)
09 August 2010We are winding up a pvt ltd company u/s 560, with help of Easy Exit Scheme. the company has Rs.1 lac PU share capital. can this amount be refunded to shareholders on winding up? under which section ?
what is the process? and should i do the refunding before or after apllying for winding up?
please help dear friends.
Neha Gupta
(PCS)
(377 Points)
Replied 10 August 2010
Dear,
Section 560 deals with Defunct of the company, not winding up there is no requirements as such in regard to the re payment of Paid up share capital only you have to check that liquid assets of the Company should be zero i.e. bank & cash balances.
If there are any Fixed assets in balance sheet setoff those against payment of the unsecured loans, if any
Also check whether the company is withdrawn all its registration with various authorities such as sales authority etc.
And the bank account has been closed and chain of Din 3 and Form 32 is complete.
All these things should be take care of before applying for defunct of Company under EES, 2010.
Along with EES form you have to file following documents:
· Indemnity Bond from each Director.
· Affidavit from each Director.
· Residential address proof of all Directors Certified by Practicing Professional.
· Board resolution authorizing Directors to file the EES Form.
· Statement of accounts not more then 30 days before filing of Form.
· No fees in charged for filing of EES form.
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