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Easy Exit Scheme 2010- filing of forms

Vinu (Articled Assistant) (63 Points)

11 August 2010

If the company has not filed its annual returns ie. Form 23AC, 23ACA etc for the past few years is it necessary to do so before we can apply for the Easy exit scheme 2010? Also is it necessary that all the directors of such a company should have DIN??

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9 Replies

vivek (CS) (751 Points)
Replied 11 August 2010

Both are not required, on tging u must check active status of ur company on MCA portal. Even if no director is having DIN that is ufficient a practicing professionl will sign th form. One of FAQ:-

Situation 1 Whether the company is required to obtain DIN or DSC for filing the pending documents pertaining to preceding years with Registrar of Companies?

Suggestion

According to this scheme, the defunct companies are not required to file the pending documents pertaining to preceding years with Registrar of Companies and further the closure documents under EES Scheme 2010 can be filed without obtaining DIN and DSC.

Please avail the benefit of the scheme offer is valid upto 31.08.2010 only.

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Neha Gupta (PCS) (377 Points)
Replied 11 August 2010

Hi …

Actually when we are applying for Defunct of Company the Affidavits and indemnity bonds from all the directors are needed to be given. Further the ROC will check the details of Directors provided by us as attachments of Form EES, 2010 from the “view Signatory Details” of the Company which is available on MCA web site.

So before filing the EES, 2010 it is necessary that DIN of all directors should be taken and DIN 3 or Chain of Form 32 should be complete so that View Signatory Details shows the real Board Composition on the side of MCA as on date.

But it does not require to take DSC of any Director as e-signing of Form EES, 2010 is not required, its optional.

And any other Forms such as Annual filing forms, Form 18 etc. are not required to file before applying for defunct.

Regards

Neha

Kalpesh Chauhan, (Tax Assistant (Accounting Technician CA FINAL CS PROF. PROG. B.Com)) (8311 Points)
Replied 11 August 2010

Agree withb Neha

vivek (CS) (751 Points)
Replied 11 August 2010

I have not applied for EES but DIN requirement is optional as soon as we click on PAN or Passport then the requirement of DIN and Prefill data gets disabled.

But go by the expert's advices.

Regards,

Jayant Parihar (article) (30 Points)
Replied 12 August 2010

if my company has no file any document sience incorporation and company master data showing "Zero" paid up capital then I can file the annual return as well as other document in ess sceme 2010 ! Please suggest the procedure , Where company status is "active".

My mail ID " jayantpariharca @ gmail.com"

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Neha Gupta (PCS) (377 Points)
Replied 12 August 2010

Hi..

Vivek ji, U R right to some extant..

This facility of Filling Form 32 with PAN card is available to those Directors only who ceased to be associated with the Company on or before 31^st October 2006 only and do not have any DIN.

And specially in case of “ Defunct Company” you have to Complete the Chain of Form 32 and DIN 3 so that View Signatory Details shows True Status of Board of Director of the Company.

And in ur case Jayant to file any form under ESS it is necessary that the master data shows a minimum paid up capital Rs. 1 Lac as u said no forms are filed till date and master data shows a paid up amount “ZERO” then,

First of all File Form 2 with list of First subscribers as “Allottees” and date of incorporation as “Date of Allotment”. Along with a covering letter to ROC specifying the need of filing this form 2, i.e. to correct the master data.

Ones it got approved the master data raised the paid up capital from 0 to minimum 1Lac.. and after that u can file any e form of the company on MCA site and regularized ur company.

Regards

Neha

vivek (CS) (751 Points)
Replied 12 August 2010

Thanks Neha for ur valuble comments.

Regards,

palak (cs) (385 Points)
Replied 17 August 2010

BEFORE FILING EES,2010 FORM THE CHARGE MUST BE SATISFIED THAT MEANS FORM NO-17 MUST BE FILED WITHIN TIME PERIOD WITH ROC,

PLZ ADVICE ME.. IF I M WRONG.

CA.SKR (CA; CS-Final (One Group); DISA (ICAI); Insolvency Professional) (442 Points)
Replied 27 August 2010

We have been approached by one Pvt. ltd. company incorporated more than 10 years ago to file under EES'2010. The company is not doing any business for the last few years and also not filed ROC Returns for the last few years. Recently, company and directors have received "Notice for Default u/s- 159/ 166/ 210/ 220 of The Companies Act, 1956" from MCA for not filing Annual Return & Annual A/c for the fin. year 2008-09.

My queries are as under: -

a) Can company move application under EES' 2010 after receiving show cause Notice as stated above?

b) The paid up capital is shown as 2,500/- on company's master data in MCA records, while it is 1,00,000/-.

c) On checking View Signatory Details on MCA's website, the message is coming that the company is in default of filing Form DIN 3 / Form 32.

Please guide us as how to proceed in the above circumstances as only 2-3 working days are left.

Thanks in advance