Easy Exit Scheme, 2010 (“EES”) provides an opportunity for inoperative / defunct companies to get their names struck off from the Register of Companies through a simplified process compared to the tedious winding up procedure.
CEES scheme is for striking the name of defunct companies which are not functioning. ROC is doing their work giving notice for striking such companies.--
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Procedure for making an application
:-(a) Any defunct company desirous of getting its name strike off
the Register under Section 560 of the Companies Act, 1956
shall make an application in the Form EES, 2010, annexed;
(b) The Form EES, 2010, should be filed electronically on the
Ministry of Corporate Affairs portal namely
www.mca.gov.inand there shall be no fee payable for filing of the same;
(c) In case, the application in Form EES, 2010, is not being
digitally signed by any of the director or Manager or Secretary,
a physical copy of the Form duly filled in, shall be signed
manually by a director authorised by the Board of Directors of
the company and shall be attached with the application Form at
the time of its filing electronically;
(d) In all cases, the Form EES, 2010, shall be certified by a
Chartered Accountant in whole time practice or Company
Secretary in whole time practice or Cost Accountant in whole
time practice;
(e) The company shall disclose pending litigations if any,
involving the company while applying under this Scheme;
(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 1
st April, 2008, as thecase may be;
- 5 -
(g) The Form EES, 2010 shall further be accompanied by an
Indemnity Bond, duly notarized, as annexed at Annexure B of
Form EES, 2010, to be given by every director individually or
collectively, to the effect that any losses, claim and liabilities
on the company, will be met in full by every director
individually or collectively, even after the name of the company
is struck off the register of Companies;
(h) The Company shall also file a Statement of Account
annexed at Annexure C, prepared as on date not prior to more
than one month preceding the date of filing of application in
Form EES, 2010, duly certified by a statutory auditor or
Chartered Accountant in whole time practice, as the case may
be
--
S.Dhanapal
Partner
S DHANAPAL & ASSOCIATES
Practising Company Secretaries
3rd Floor,Victory Towers,
Old No.724/725, New No.486,
Poonamallee High Road,
(Near Dr.Balaji Diabetes),
Aminjikarai, Chennai- 600 029.
Ph.No. 044 - 4553 0256 / 57
Direct Ph: 044-42652127
Partners:
S.Dhanapal, B.Com, B.A.B.L, A.C.S
R.Kanakadurga, B.A (CS), A.C.S
Mob No.96770 22712
96770 22715
Dear Dhanapal,
Thanks for the update
Jayashree
On Wed, Jun 16, 2010 at 2:35 PM, CS Dhanapal, B.Com,B.A.B.L, A.C.S
<csdha...@gmail.com> wrote:
> Dear Mam
>
> I had gone through the provisions of the Schemes and for clarity I had
> also taken input of concerned officials at Chennai, in that process, I came
> to know that no pending documents are required to be filed under EES 2010
> for closure of Company. In this connection, I have also prepared a small
> write up on these points to share my knowledge which I recently gained. I
> am attaching the write up just to update the present scenrio on EES 2010. If
> any doubt, pl send your email.
>
> Thanks and Regards
>
> S.Dhanapal
> Partner
> S DHANAPAL & ASSOCIATES
> Practising Company Secretaries
> 3rd Floor,Victory Towers,
> Old No.724/725, New No.486,
> Poonamallee High Road,
> (Near Dr.Balaji Diabetes),
> Aminjikarai, Chennai- 600 029.
> Ph.No. 044 - 4553 0256 / 57
> Direct Ph: 044-42652127
> Partners:
> S.Dhanapal, B.Com, B.A.B.L, A.C.S
> R.Kanakadurga, B.A (CS), A.C.S
> Mob No.96770 22712
> 96770 22715
>
> On Wed, Jun 16, 2010 at 11:54 AM, Jayashree Chandrasekaran
> <jayash...@gmail.com> wrote:
>>
>> you will have to file annual forms upto 2009 and then close it
>> Jayashree
>> > --
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>>
>>
>>
>> --
>> C.JAYASHREE
>> S GANESH & ASSOCIATES
>> Company Secretaries
>> IB OAKLAND (REAR BLDG)
>> 17 MALONY ROAD TNAGAR
>> CHENNAI 600017
>> PH: 044 2431 1974 4212 2694
>> FAX: 044 4212 7034
>> MOBILE; 98840 17120
>>
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>
>
>
> --
> Thanks and Regards,
>
>
> S DHANAPAL & ASSOCIATES
> Practising Company Secretaries
> 3rd Floor,Victory Towers,
> Old No.724/725, New No.486,
> Poonamallee High Road,
> (Near Dr.Balaji Diabetes),
> Aminjikarai, Chennai- 600 029.
> Ph.No. 044 - 4553 0256 / 57
> Direct Ph: 044-42652127
> Partners
> S.Dhanapal, B.Com, B.A.B.L, A.C.S
> R.Kanakadurga, B.A (CS), A.C.S
> Mob No.96770 22712
> 96770 22715
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--
C.JAYASHREE
S GANESH & ASSOCIATES
Company Secretaries
IB OAKLAND (REAR BLDG)
17 MALONY ROAD TNAGAR
CHENNAI 600017
PH: 044 2431 1974 4212 2694
FAX: 044 4212 7034
MOBILE; 98840 17120
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