MCA-EASY EXIT SCHEME

[sunil jain]

Whether a company incorporated after 01.04.2008 is eligible to file papers under the ,EASY EXIT SCHEME, 2011? In my view requiremnt foa defunct co is that it should be registered under the Companies Act and should not be carrying on any business on or after 01.04.2008. Hence a co registered after 01.04.2008 say in 2010 should also be eligible to file papaers under the scheme. Kindly give your view.

CA. R.K. Aggarwal

[ajay singh]

Applicability of the scheme:-

Any “defunct company” which has active status on Ministry of Corporate Affairs portal  may apply under EES, 2011 in accordance with the provisions of this Scheme for getting its name strike off from the Register of Companiesor Any defunct company which is  a Government Company shall submit ‘No Objection Certificate’ issued by the concerned Administrative Ministry or Department or State Government along with the application under this Scheme.

Thus it is clearly stated that any defunct company registered under company act can adopt the procedure laid down in EES, 2011 to strike off its name.

[sunil jain]

Thanks for endorrsing my view.

I tried to upload the EXit form but cpuld be uploded and on query to MCA, they replied that company being incoproprated after 01.04.08, not eligible under the scheme.

 

CA.R.K. Aggarwal

 

AI Summary

Eligibility for Easy Exit Scheme: defunct companies may apply, but companies formed after the cutoff may be treated as ineligible. Any defunct company registered under the Companies Act that has active status on the Ministry of Corporate Affairs portal may apply under the Easy Exit Scheme, 2011 to have its name struck off; a government company must submit a No Objection Certificate from the concerned administrative ministry, department, or state government. A reported portal refusal for companies incorporated after the Scheme's cutoff suggests an implementation inconsistency.