Voluntary Winding Up

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Shweta (Querist)
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04 September 2010 Sir/Mam

I jus want to know the Detail procedure of Voluntary Winding up. Please tell me what I have to do n wats the fee structure on that?

Aditya Maheshwari

Aditya Maheshwari (Expert)
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04 September 2010 If a company is being wound up u/s 560 following are the main steps

1. File form No 61 with the required informations with RoC but following information has to be provided .
Date of Incorporation
CIN,
Whether any amount is due to company from directors
particulars of directors and shareholders
whether any liabiliy to outsiders if so to th eextend of the same
Liability of the company to creditors
position regarding filing of forms with RoC
Audited accounts which shows no assets and
Affidavit verifying the application

2.After receiving first show cause notice by RoC , proper representation has to be made to RoC regarding the reasons for strike off.
3.The rpresentation should be made with in 1 month of the receipt of notice.
4.Obtain an affidavit from MD WTD or 2 directors to the effect that the company has no assets and liabilities as on date and has not been carrying any business,.
5.The aforesaid has to be submitted by audited b/s and p/l which proves the same.
6.Prepare an Indeminity bond
7.After that RoC publishes an official gazatee in which the name will be striked off, any creditor or any other person may make representation to him objecting the strike off . But before that RoC should convince the requirement of strike off u/s 560.

Shweta

Shweta (Querist)
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06 September 2010 Thanx Aditya Sir,

But I jus want to know that can we strike off our companhy by own will u/s 560. because in this section ROC has power to strike off.

If we can do so then wat is the diffference between company's voluntary winding up and strike off u/s 560.

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Guest

Guest (Expert)

13 October 2010 Thanx Aditya Sir,