14 July 2010
A private ltd company has filed annual returns, Pl & BS until 2006. It has filed returns under income act till 2009. but now the company is not under operation. In the BS 2006, it has got a secured loan from a bank. But as per the current position, the company has settled the loan and it is to get MOS fromm bank.Is the company eligible to file for strike off under easy exit scheme or should the copmany file the annual filing until 2009 and then submit form EES 2010? Plz do clarify
14 July 2010
The companies last balance sheet(2006) filed with the ROC shows a secured loan. So prima facie ROC may take a view that EES 2010 is not applicable to the company vide clause 2 (iv) (h) of the General Circular No.2/2010 dated 26th may 2010. To get rid of this, the company has to file the " satisfaction of charge" first ,if not filed,since MOS has been received from the bank.
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