Vani.A (CS) (168 Points)
30 December 2010Friends,
In Easy exit scheme can we close the companies which are inoperative and in which directors are not willing to provide DIN.
A company is in joint venture 60:40 and having 2 Foreign directors. We can't trace those Foreign directors for the last 1 to 2 years. Now it is inoperative. Kindly advise how to close this company in this Easy Exit Scheme.
Please advise since thi scheme is upto 31st Jan...
Regards
Vani.A
HARDIK
(COMPANY SECRETARY NCFM (Corporate Governance ))
(664 Points)
Replied 30 December 2010
Read circular on Easy Exit Scheme in which you will see all the details.General Circular No: 6/2010 dated 03.12.2010.
Vani.A
(CS)
(168 Points)
Replied 30 December 2010
Sir,
Thanks for ur reply. The Circular does not mention anything about this kind of problem. The directors are in some misunderstanding and not providing DIN.
So pls advise whether the companies which are inoperative and are with DIN problems can also be closed in this scheme
Thanks & Regards
Vani.A
sanjay
(FCA)
(322 Points)
Replied 30 December 2010
Hi
DIN is not mandatory for Managing Director or Director of the company making application under EES 2011. Details of Managing Director or Director can be filled up for inserting Permanent Account Number (PAN) or Passport Number instead of DIN.
DSC of Director is not mandatory for filing online application i.e. e-form EES 2011 with ROC. If DSC is not available take the print out of e-form EES 2011 and obtain manual signature of director authorized to sign it as per Board Resolution and attach the same to e-form EES 2011.
regards
Sanjay
Vani.A
(CS)
(168 Points)
Replied 31 December 2010
Sanjay,
Thanks. I saw the form EES it requires DIN or PAN No or Passport No.
In the mentioned company the annual return was not filed from 2008. So by 31st March 2010 3 years as per sec 274 expired.
So can we close such companies which have not filed their annual returns.
CAclubindia
