13 August 2010
I have searched out the check list for the Easy exit scheme. In that it had written that there should not have any bank account. Is it talking about overdraft account of the company or about current account? Pls clarify as it is very urgent.
13 August 2010
The Scheme does not inter-alia cover the listed companies, section 25 companies, vanishing companies, companies under inspection/investigation, companies against which prosecution for a non-compoundable offence is pending in court, companies having outstanding public deposits or secured loan or dues towards banks and financial institutions or any other Government Departments etc. or having management dispute or company in respect of which filing of documents have been stayed by court or CLB or Central Government or any other competent authority.
13 August 2010
(iv) Scheme not applicable to certain companies: - The Scheme does not cover the following companies namely:-
(a) listed companies;
(b) companies registered under section 25 of the Companies Act, 1956;
(c) vanishing companies;
(d) companies where inspection or investigation is ordered and being carried out or yet to be taken up or where completed prosecutions arising out of such inspection or investigation are pending in the court;
(e) companies where order under section 234 of the Companies Act, 1956 has been issued by the Registrar and reply thereto is pending or where prosecution if any, is pending in the court;
(f) companies against which prosecution for a noncompoundable offence is pending in court;
(g) companies accepted public deposits which are either outstanding or the company is in default in repayment of the same;
(h) company having secured loan ;
(i) company having management dispute;
(j) company in respect of which filing of documents have been stayed by court or Company Law Board(CLB) or Central Government or any other competent authority;
(k) company having dues towards income tax or sales tax or central excise or banks and financial institutions or any other Central Government or State Government Departments or authorities or any local authorities.
Where is bank balance menitoned? There should not be any secured loan.
CAclubindia
