ROC cancellation process

Hello!

You can make ur co. defunct under Ees. Whole circular is available at MCA.

Regards

NIdhi

Originally posted by : asim jana
	A pvt. ltd. company registered with ROC in the year 2007. the company did not starts business till date. they have no bank account, No PAN no and any other licence no.. If the directors (company)  wants to close the company and cancel the company registration, what is the process or how they will do this? Please advice me.

 Hi Asim,

Agreed with Nidhi. Make use of EES. You are lucky that the scheme is extended for another 3 months.

Make use of opportunity before it comes to an end.

regards

Santosh Shah

Hurry up, the said scheme is in operation only upto 30th April, 2011.

After the closure of the Scheme, MCA would take penal action against the directors of the defaulting companies who have not taken steps for de-registration of the company.

In this matter, out of three directors can only 2 directors authoreised for close the company? 

Hello!  

No, all the directors needs to file the affadavit and indemnity Bond for filing of EES form.

Regards

Nidhi

if only one director does not sign the affidavit & imdemnity bond for defunct the company for harrassment then what steps will be taken.

instead of closing the company it is adviced to sell the company so that you can get your capital back without any loss

First take steps to remove the non-coperating director from the Board.

This  can be done by following the procedure laid down in Section 284 of the Companies Act 1956.

The Procedure for Removal of a Director is given below :

1) Special notice of a resolution to remove a director is to be served on the company by a member.
2) On receipt of the notice, the company shall send a copy thereof to the director.
3) If the director makes any representation the same shall be circulated to all members if it does not contain any defamatory matter.
4) The director shall also be heard at the meeting and then the resolution may be passed. (Ordinary Resolution)
 

Resolution required is Ordinary. So if the other two directors have the majority shareholding this resolution for removal can be passed without any difficulty.

Once the non-cooperating director is removed, other two directors  can make application for closure of defunct company under EES, 2011.

You are realy lucky, but before 30.04.2011.

EES,2010 scheme is available only for Defunct co.., as our company is not functioning for last one year..whether we can also apply for scheme???
 

It has been observed that certain companies have been registered under the Companies Act, 1956, but due to various reasons some of them are inoperative since incorporation or commenced business but became inoperative later on and are not filing their due documents timely with the Registrar of Companies. These companies may be defunct and are desirous of getting their names strike off from the Register of Companies.

The scheme applies to Companies which are inoperative since their inception or commenced business but became inoperative later on and are not filing their due documents timely with the Registrar of Companies.

Your company is inoperative for the past one year. As regards filing of documents whether you have filed your annual returns for the  last year? If no, you are eligible.

Please tell me whether this scheme applies on company which was incorporated two year back and inoperative since inception??

Regards- Sudhir