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Company closure under companies act, 2013

abhishek kadam (Self employed) (151 Points)

30 January 2015

Dear Professional Colleauges,

Under Companies Act, 2013 if any defunct company voluntary wants to strike its name from RoC, can anybody please tell me the procedure, rules and regulation under the new Act.

It is utmost urgent.

Thanking you in advance.

Best Regards,

Abhishek

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5 Replies

CS Mitesh Mehta (Company Secretary) (17139 Points)
Replied 30 January 2015

1 . Pass a resolution by the Board of Directors of the company to the effect that an application be made to the Registrar of Companies to
have the company struck off the Register of Companies under section 560.

2. A application shall be made to the Registrar in e- form FTE in electronic mode for striking the company off the Register and declaring it as a defunct company, pursuant to the Board resolution.

The application in e-form FTE should be accompanied by:

o A duly certified statement of account by a chartered accountant in whole-time practice or statutory auditor of the company (As per annexure C of the Guidelines) (Mandatory)
o Copy of Board resolution showing authorisation given for filing this application (Mandatory)
o Affidavit (to be given individually by director(s)) (As per annexure A of the Guidelines) (Mandatory)
o Indemnity bond (to be given individually or collectively by director(s) (As per annexure B of the Guidelines) (Mandatory)
o In case application is not digitally signed by the company representative, physical copy of application duly signed by the director, Managing Director, manager or secretary authorised by the Board of Directors (Mandatory in case ‘No’ selected in field 10)
o Copy of no objection certificate (NOC) from concerned administrative Ministry/ Department/ State Government (Mandatory in case of a Government company)
o Any other information can be provided as an optional attachment

3. There shall be fixed filling fees of Rs.5000/- for filing Form FTE

4. On receipt of the application, the Registrar, if satisfied about the correctness of the application as regards the basic condition stipulated in section 560 and Ministry of Corporate affairs) guidelines for striking companies off, may proceed to strike the name of company off the Register, and
shall publish notice thereof in the Official Gazette.

YOU MAY REFER THE LINK BELOW

https://www.mca.gov.in/MCA21/dca/help/instructionkit/1102-FormFTE_help.PDF

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CS MOHIT SALUJA (PRACTICING CS Jalandhar 9914558709) (5155 Points)
Replied 31 January 2015

Corresponding section under companies act is section 248 which was earlier section 560 under CA 1956. However, section 248 is yet not applicable. Hence, the company has to follow section 560 and the above procedure as elaborated by Mr. Mitesh will be followed.

abhishek kadam (Self employed) (151 Points)
Replied 31 January 2015

Thanks Mohit Sir,

Just wanted to know whether the company should be inoperative for a minimum period of one year in companies act 1956 for applying to RoC under FTES..??