Mca
This query is : Resolved
16 April 2012
I want to strike off the name of company under FTE scheme but there are charges( from bank) still outstanding as per ROC records but in actual this doesnot exist, the company has not filed any form after repayment of loan.
Now i am trying to upload the FORM of FTE and system is showing the error that there are open charges against the company so the forms cannot be uploaded.
What are the ways possible as per your knowledge??
Now i am trying to upload the FORM of FTE and system is showing the error that there are open charges against the company so the forms cannot be uploaded.
What are the ways possible as per your knowledge??
16 April 2012
You have to file Form 17 and realised the charge first. as the time is expired you have to file condonation of delay and then only charge is realised.
17 April 2012
First get all charges vacated if your loan has been repaid then you apply for the scheme it will be done provided the scheme is still applicable
19 April 2012
aggarwal sir but now the time limit has expired and the company is not regular in its compliance , will the CLB condon the delay in this case also????
03 August 2024
To strike off a company under the Fast Track Exit (FTE) scheme when there are outstanding charges against the company as per the ROC records, but in reality, these charges have been cleared, you need to follow specific steps to rectify the situation. Here’s a step-by-step guide:
### Steps to Resolve Outstanding Charges and Proceed with FTE:
#### **1. Verify Charges in ROC Records**
- **Check Charges:** Confirm the details of the charges registered with the Registrar of Companies (ROC) to ensure that they are indeed shown as outstanding in the ROC records.
#### **2. Obtain Proof of Repayment**
- **Documentation:** Gather all necessary documentation that proves the loan repayment. This can include bank statements, clearance certificates, or any other relevant documents that show the loan has been settled.
#### **3. File Form 17 (Satisfaction of Charge)**
If the charges are still listed as outstanding, you need to file **Form 17** to record the satisfaction of the charge:
- **Prepare Form 17:** Fill out Form 17 to indicate that the charge has been satisfied. Attach all supporting documents, including proof of repayment.
- **Submit to ROC:** File Form 17 with the ROC. This form is used to update the ROC records and remove the charge from the company’s records.
#### **4. Follow Up with ROC**
- **Check Status:** After submission, follow up with the ROC to ensure that the charge has been removed from the records. This may involve checking the status of the form and confirming the update.
#### **5. Upload Form FTE**
Once the charges are successfully removed from the ROC records, you can proceed with uploading the **Form FTE** for striking off:
- **Prepare Form FTE:** Complete and prepare Form FTE as per the requirements.
- **Upload Form:** Upload the completed Form FTE on the MCA21 portal.
#### **6. Address Any Condonation of Delay (If Applicable)**
If you face any delays or issues with compliance:
- **Apply for Condonation of Delay:** If the time limit for compliance or filing has expired, you may need to apply for condonation of delay. This application is typically filed with the National Company Law Tribunal (NCLT) or the relevant authority.
- **Provide Justification:** Provide a valid reason and documentation justifying the delay in your application.
### Additional Considerations:
- **Regularize Compliance:** Ensure that all other compliance requirements are met before proceeding with the FTE application.
- **Consult Professionals:** Consider consulting a professional or legal advisor to guide you through the process and ensure that all legal requirements are fulfilled.
### Summary
To strike off a company under the FTE scheme when facing issues with outstanding charges:
1. **File Form 17** to remove outstanding charges from ROC records.
2. **Verify the removal** of charges from ROC records.
3. **Upload Form FTE** after ensuring charges are cleared.
4. **Apply for Condonation of Delay** if applicable and provide justifications.
Ensure you follow these steps thoroughly to address the issue and complete the FTE process smoothly.
### Steps to Resolve Outstanding Charges and Proceed with FTE:
#### **1. Verify Charges in ROC Records**
- **Check Charges:** Confirm the details of the charges registered with the Registrar of Companies (ROC) to ensure that they are indeed shown as outstanding in the ROC records.
#### **2. Obtain Proof of Repayment**
- **Documentation:** Gather all necessary documentation that proves the loan repayment. This can include bank statements, clearance certificates, or any other relevant documents that show the loan has been settled.
#### **3. File Form 17 (Satisfaction of Charge)**
If the charges are still listed as outstanding, you need to file **Form 17** to record the satisfaction of the charge:
- **Prepare Form 17:** Fill out Form 17 to indicate that the charge has been satisfied. Attach all supporting documents, including proof of repayment.
- **Submit to ROC:** File Form 17 with the ROC. This form is used to update the ROC records and remove the charge from the company’s records.
#### **4. Follow Up with ROC**
- **Check Status:** After submission, follow up with the ROC to ensure that the charge has been removed from the records. This may involve checking the status of the form and confirming the update.
#### **5. Upload Form FTE**
Once the charges are successfully removed from the ROC records, you can proceed with uploading the **Form FTE** for striking off:
- **Prepare Form FTE:** Complete and prepare Form FTE as per the requirements.
- **Upload Form:** Upload the completed Form FTE on the MCA21 portal.
#### **6. Address Any Condonation of Delay (If Applicable)**
If you face any delays or issues with compliance:
- **Apply for Condonation of Delay:** If the time limit for compliance or filing has expired, you may need to apply for condonation of delay. This application is typically filed with the National Company Law Tribunal (NCLT) or the relevant authority.
- **Provide Justification:** Provide a valid reason and documentation justifying the delay in your application.
### Additional Considerations:
- **Regularize Compliance:** Ensure that all other compliance requirements are met before proceeding with the FTE application.
- **Consult Professionals:** Consider consulting a professional or legal advisor to guide you through the process and ensure that all legal requirements are fulfilled.
### Summary
To strike off a company under the FTE scheme when facing issues with outstanding charges:
1. **File Form 17** to remove outstanding charges from ROC records.
2. **Verify the removal** of charges from ROC records.
3. **Upload Form FTE** after ensuring charges are cleared.
4. **Apply for Condonation of Delay** if applicable and provide justifications.
Ensure you follow these steps thoroughly to address the issue and complete the FTE process smoothly.
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