Easy Exit Scheme, 2010
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.... off from the Register of Companies. 2. In order to give an opportunity to the defunct companies, for getting their names strike off from the Register of Companies, the Ministry has decided to introduce a Scheme namely, "Easy Exit Scheme, 2010" under Section 560 of the Companies Act, 1956. The details of the Scheme are as under:- (i) The Scheme shall come into force on the 30th May, 2010 and shall remain in force up to 31st August, 2010. (ii) Definitions - In this Scheme, unless the context otherwise requires, - (a) "company" means a company registered under the Companies Act, 1956; (b) "Collective Investment Management Company" means the company as defined in clause (h) of sub-regulation of 2 of Securities and Exchange Board of Indi....
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....f the Scheme is to allow eligible companies to avail of this opportunity to exit from the Register of Companies after fulfilling the requirements laid down herewith and the decision of the Registrar of Companies in respect of striking off the name of company shall be final. (iv) Scheme not applicable to certain companies: - The Scheme does not cover the following companies namely:- (a) listed companies; (b) companies registered under section 25 of the Companies Act, 1956; (c) vanishing companies; (d) companies where inspection or investigation is ordered and being carried out or yet to be taken up or where completed prosecutions arising out of such inspection or investigation are pending in the court; (e) companies where order un....
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....ny and shall be attached with the application Form at the time of its filing electronically; (d) In all cases, the Form EES, 2010, shall be certified by a Chartered Accountant in whole time practice or Company Secretary in whole time practice or Cost Accountant in whole time practice; (e) The company shall disclose pending litigations if any, involving the company while applying under this Scheme; (f) The Form shall be accompanied by an affidavit annexed at Annexure- A of Form EES, 2010, which should be sworn by each of the existing director(s) of the company before a First Class Judicial Magistrate or Executive Magistrate or Oath Commissioner or Notary, to the effect that the company has not carried on any business since incorporatio....