21 December 2010
A public company is regular in all its compliances and has not defaulted in any area but still it wants to take the advantage of EES 2011, how this company can make itself defunct to take the advantage of this scheme.
“defunct company” means a company registered under the Companies Act, 1956 which is not carrying over any business activity or operation on or after the 1st April, 2008 and includes a company which has not raised its paid up capital as provided in sub sections (3) and (4) of section 3 of the Companies Act, 1956;
Applicability: - (a) Any “defunct company” which has active status on Ministry of Corporate Affairs portal may apply under EES, 2011 in accordance with the provisions of this Scheme for getting its name strike off from the Register of Companies;
(b) Any defunct company which is a Government Company shall submit ‘No Objection Certificate’ issued by the concerned Administrative Ministry or Department or State Government along with the application under this Scheme;
(c) The purpose of the Scheme is to allow eligible companies to avail of this opportunity to exit from the Register of Companies after fulfilling the requirements laid down herewith and the decision of the Registrar of Companies in respect of striking off the name of company shall be final.
(iv) Scheme not applicable to certain companies: - The Scheme does not cover the following companies namely:-
(a) listed companies;
(b) companies that have been de-listed,
(c) companies registered under section 25 of the Companies Act, 1956;
(d) vanishing companies;
(e) 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;
(f) 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;
(g) companies against which prosecution for a non-compoundable offence is pending in court;
(h) companies accepted public deposits which are either outstanding or the company is in default in repayment of the same;
(i) company having secured loan ;
(j) company having management dispute;
(k) 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;
(l) 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.
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