General Circular No. 10/2000
No.
1/5/2000-CL.V
Ministry of
Law, Justice & Company Affairs
Department of
Company Affairs
5th
floor, `A’ Wing,
Shastri
Bhavan,
Dr. R.P. Road,
New Delhi.
Dated
20th September, 2000
To
All Regional
Directors ( Shri_________________________)
Mumbai/Calcutta/Chennai/Kanpur
All Registrar
of Companies (Shri ____________________)
_________________________________
Subject :
Fast Track Scheme - Section 560 of
the Companies Act – reg.
It has come to
the notice of the Department that while a large number of companies have been
registered but due to various reasons some of them have failed to take off. The promoters of such companies have
been requesting the Government to strike off the name of the company by adopting
an easy to follow method in a time
bound manner.
2. A number of
representations from professional bodies/ individuals have also been received
during the operation of CLSS 2000.
3. Recognizing
the urgent need , the Department has decided to launch
`Fast Track Section 560 Scheme’ with effect from 28TH September,
2000. Three different coloured
forms have been prescribed.
a) White
Coloured Form for applicants of
CLSS 2000 upto 31 August, 2000; (Fast Track 1)
b)
Pink Coloured
Form for applicants of CLSS 2000 from 1st September to
30th September, 2000 (Fast Track II)
c) Blue Coloured
Form for all other applicants who have filed the documents with the
Registrars in the past in respect
of defunct companies and have sought their names to be struck
off.
4. The Blue
Form is for those applicants who file their applications after
30th September,
2000 and who wish to avail the benefit of the Section 560
Scheme. They will however, be required to pay
lump sum fee as per the table given below :
|
No. of Documents
|
Delay of Less than 3 years in filing documents
|
Delay of 3 years or more in filing documents
|
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Upto 2 Upto 5 Upto 10 More than 10 |
Rs.3500/- Rs.6500/- Rs. 10,000/- Rs. 13,000/- |
Rs. 4000/- Rs.8000/- Rs. 12000/- Rs. 20000/- |
5.
The cost of
each forms has been prescribed as Rs. 100/-. The pre-numbered forms will be
supplied in the respective office of the ROC’s and RD’s throughout the country.
6.
While accepting
the forms from the applicants the Registrar will check the
following:
a) Payment of due
fees;
b)
The Board of
Directors have approved submission of the application under Section 560 of the
Companies Act, 1956;
c) Evidence of
identity/Residence of applicants is enclosed;
d)
Two affidavits
in the prescribed forms have been affirmed on Stamped paper of Rs.
10/-
e) A certificate
from the auditor that the company is not doing any business and does not owe any
amount to Tax Authorities/Banks and Financial Institutions has been
submitted:
f)
A clearance certificate of Tax
dues ( from Income Tax, Sales Tax, Excise etc.) has been
attached;
7.
On being
satisfied that the above has been complied with Registrar
will cause to
issue a notice in the Official Gazette inviting objections of any for a striking
off the names of all the companies who have completed the formalities within a
week.
8. In case any
objection is received about striking off the name of the company please forward
the application with your comments about rejection of the application to the
Regional Director. Please also inform the applicant of the fact that he can file
a written reply if he so desires to
the objections to the Regional Directors under intimation to the Registrar. List
of companies struck off should be published in the Official Gazette once in a
month.
9. The
applications received in the offices of the Registrar must be expeditiously
processed and for this purpose he should form a select team under supervision of
an Officer and dedicate a computer exclusively to process these
applications.
10. A daily report about
the number of applications received, the lump sum amount deposited by the
applicants and number of applications approved and order passed for striking off
should be sent to the Department and the Regional Director for information in
his monthly D.O to the Secretary.
The receipt of
the Circular may be acknowledged immediately.
Yours
faithfully,
( R.N.
Vaswani)
Under Secretary
to the Government of India
No.
DCA/E/W/N/S/
No. of the
Company _________________
|
1. |
PAYMENT
OF FEES ON DOCUMENTS |
YES |
NO |
|
2. |
BOARD
RESOLUTION |
YES |
NO |
|
3. |
EVIDENCE
OF IDENTITY/ RESIDENCE |
YES
|
NO |
|
4. |
AUDITORS’
CERTIFICATE |
YES
|
NO |
|
5. |
TWO
AFFIDAVITS ( I &
II) |
YES |
NO |
|
6. |
CLEARNCE
CERTIFICATE OF TAX DUES |
YES
|
NO |
DATE_______
PLACE_______
FAST TRACK I
No.DCA/E/W/N/S/
APPLICATION
FORM FOR STRIKING OF NAME OF COMPANY UNDER
SECTION
560 OF THE COMPANIES ACT,
1956
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Affix
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Affix
Photo Stamp Size |
Affix
Photo Stamp Size |
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No. of
Company |
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Name of
the Company: |
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Address of the
Company:
To
The Registrar
of Companies,
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(Name of the
State)
Sir,
The Company after carefully
considering all aspects has duly resolved in the Board meeting held
on___________ to make an application
for striking the name of our company off the Register u/s 560 of the
Companies Act, 1956.
Now, therefore, the undersigned request to take action to strike off the
name of the company from the register.
We furnish the following details and documents for considering the
application.
(i)
Proof of
filing of all due Balance Sheets, Profit and Loss Accounts
and
Annual Returns. Passport No…………(if any).
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(ii) PAN allotted by
the Income Tax Department. |
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(iii)
Passport No………(if any). |
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(iv)
Stamp size
Photographs of the applicant(s) Managing Director/whole time Director/ Secretary
of the company.
(v)
Proof of the
Permanent address of the applicant(s) (Ration Card/Voter Identity Card etc.).
(Please Attach)
(vi)
Tax clearance
certificate from Income Tax/Excise/Sales Tax Department.(Please Attach)
(vii)
Two affidavits
sworn before the Magistrate, stating that
(a)
the company is
not doing any business and giving an undertaking that the directors of the
company would be jointly and severally liable for any dues which may come to
light after submission of the application u/s 560, and;
(b) an undertaking
that the company owes no tax or other dues to the
Government.
(viii)
A certificate
from the Statutory Auditors that the company is not doing any business (for
period to be specified) and certify that the company has no other dues to Govt.
or to the banks and financial institutions.
(ix)
A copy of the
Board’s resolution authorising the Directors or Officers to make an application
under Section 560 of the Companies Act, 1956.
Yours
faithfully,
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It is hereby certified that the information given above are true to the
best of my knowledge and belief.
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Seal:
1.
This form
should be filed in triplicate.
2.
Cost of the
application form is Rs.100/- payable in cash.
Instructions
for ROCs.
(a)
Immediately on
filing this form, the ROC should send a copy each to the RD and Income Tax/Sales
Tax Department.
(b) ROC will
immediately cause to publish a notice in the Gazette u/s 560 of the Companies
Act, 1956 calling for objections if any, within seven days of receipt of
objection(s) and place the matter before the Regional Director for his
order(s).
(c)
Steps
prescribed u/s 560 of the Companies Act, 1956 should be complied within the
prescribed time limit.
(d) ROC will take
all necessary action to dispose
of the application
expeditiously.
Received the applications under Section 560 of the Companies Act, 1956,
Registrar of
Companies
Dated
:____________
Place
:_____________
Ist
AFFIDAVIT
AFFIDAVIT FOR
ACTION U/S 560 OF THE COMPANIES ACT, 1956
I/We, ……………………. (Names,
Father’s names and addresses) do solemnly affirm and state as
follows;
1.
That I/we are the director/s of M/S. ……………. ,…..( Address)……, (No.
of Company ).
2.
That M/S. ……
has not been doing any business since ………
3.
That a
resolution has been passed to take action to strike off the name of company u/s
560 of the Companies Act, 1956 in the meeting of Directors held on
………….
4.
That an
application is hereby filed for action u/s 560 of the Companies Act, 1956
before the Registrar of
Companies.
5.
I/We, the
director/s of the company above named, who has/have signed below hereby
undertake jointly and severally to discharge any liabilities against the company
which may come to light , subsequent to the filing of this
affidavit.
Place:
Date:
AFFIDAVIT
I/We, ……………………. (Names,
Father’s names and address) do solemnly affirm and state as
follows;
1.
That we are the
directors of M/S. ……………. ,…..( Address)……,
(Company No).
2.
That the PAN
allotted to the deponents by the Income Tax Authorities under the jurisdiction
of ITO ……(Name of district and
address)……….. There are no tax or
other dues payable by the company to the Income Tax, Sales Tax or other
Government Departments or Banks or Financial Institutions.