DRAFT DOCUMENTS FOR STRIKING OFF NAME UNDER FTE

Procedure for Striking off of name under Fast Track Exit mode

The procedure for getting the name of a Company struck off under Fast Track Exit mode is as follows:-

· A Company eligible to apply for striking off its name needs to apply to Registrar of Companies in Form FTE,

· The Form FTE, should be filed electronically on the Ministry of Corporate Affairs portal namely www.mca.gov.in and by making payment of Rs. 5000/- as the ROC fees;

· In case, the digital signature of any of the director or Manager or Secretary is not available for affixing to Form FTE, a physical copy of the Form duly filled in, shall be signed manually by a director authorised by the Board of Directors of the company and shall be attached with the application Form at the time of its filing electronically;

· Form FTE, 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;

· If the applicant’s name doesn’t match with the database of directors maintained by the Ministry, the application shall be accompanied by the certificate from the practicing CA/CS/CWA certifying that the applicants are present directors of the Company;

· Any pending litigations involving the company should be disclosed while applying under this Scheme;

· The attachments to Form FTE are as follows:-

  An affidavit sworn by each of the existing director(s) of the company to the effect that the  company has not carried on any business since incorporation or that the company did some business for a period up to a date (which should be specified) and then discontinued its operations and has not carried on any business since last one year, as the case may be (Annexure A);

An Indemnity Bond, duly notarized, to be given by every director individually or collectively, to the effect that any losses, claim and liabilities on the company, will be met in full by every director individually or collectively, even after the name of the company is struck off the register of Companies (Annexure B);

Statement of Account prepared as on date not prior to more than one month preceding the date of filing of application in Form FTE duly certified by a statutory auditor or Chartered Accountant in whole time practice, as the case may be. (Annexure C)

Copy of Board resolution showing authorization for filing the application.

Physical Copy of Form FTE duly signed by Director/MD/Manager/ Secretary if no DSC is available.

• The Registrar of Companies shall examine the same and if found in order, shall give a notice to the Company under section 560(3) of the Companies Act, 1956 by e-mail on its e-mail address intimated in the Form, giving thirty days time, stating that unless cause is shown to the contrary, its name be struck off from the Register and the company will be dissolved;

• The Registrar of companies shall put the name of applicant(s) and date of making the application(s) under Fast Track Exit mode, on daily basis, on the MCA portal www.mca.gov.in, giving thirty days time for raising objection, if any, by the stakeholders to the concerned Registrar;

• In case of company(s) like Non-Banking Financial Company(s), Collective Investment Management Company(s) which are regulated by other Regulator(s) namely RBI, SEBI, the Registrar of Companies, at the end of every week, after the Scheme commences, shall send intimation of such Companies availing Fast Track Exit mode, during that period to the concerned Regulator(s) and also an intimation in respect of all companies availing Fast Track Exit mode, during that period to the office of the Income Tax Department giving thirty days time for their objection, if any;

• The Registrar of Companies immediately after passing of time given in above sub-paras and on being satisfied that the case is otherwise in order, shall strike its name off the Register and shall send notice under Section 560(5) of the Companies Act, 1956 for publication in the Official Gazette and the applicant company under this Scheme shall stand dissolved from the date of publication of the notice in the Official Gazette.

                         DRAFT FORMAT

AFFIDAVIT

1. I, _______________-, Director of ____________ PRIVATE LIMITED, (hereinafter called “the Company”), incorporated on ___________ under the Companies Act, 1956 having its Registered Office at _______________, City : _________, Pin Code : ________ State :______ and having CIN No U__________________ do solemnly affirm and state as under:

2. I ____________, S/o Mr. _____________, holder of DIN number: _____, am Director of the company stated above, since ____________.

3. My present residential address is _____________, City : _________, Pin Code : ________ State :______, INDIA

4. My permanent address is _______________, City : _________, Pin Code : ________ State :______, INDIA

5. The company does not maintain any bank account as on date.

6. I affirm that the Company ______ PRIVATE LIMITED does not have any assets and liabilities as on date.

7. The Company has been inoperative for last 3 years due to adverse business conditions.

8. As on date, the Company does not have any dues towards Income Tax/ Sales Tax / Central Excise/ Banks and Financial Institutions; any other Central or State Government Departments/Authorities or any Local Authorities.

9. There is no litigation pending against or involving the company.

10. In case of any loss(es) to any person or any valid claim and liability arising from any person after the striking off the name of the Company, _________________________ PRIVATE LIMITED from the Register of Companies, I, the director of the company, undertake to indemnify any person for such losses, valid claim and liability and the indemnity bond to this effect is being submitted separately with the application Form.

I solemnly state that the contents of this affidavit are true to the best of my knowledge and belief and that it conceals nothing and that no part of it is false.

                                              Signature:

________________________

(Deponent)

Verification

I verify that the contents of this affidavit are true to the best of my knowledge and belief.

Place: ___________

                                                                                                                                               Signature:

Date: ___________

_____________________

(Deponent)

APPLICATION FOR DECLARATION OF COMPANY DEFUNCT UNDER FAST TRACK EXIT MODE - 2011

____________________ PRIVATE LIMITED

CIN Number : ________________________________________

Address : _______________________, City : ___________, 
Pin Code :___________, State: ________

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CERTIFIED TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING OF THE BOARD OF DIRECTORS OF THE COMPANY HELD ON ___^ST _____________2016_AT 05:30 P.M. AT THE REGISTERED OFFICE OF THE COMPANY AT _______________, CITY : ___________, PIN CODE :___________, STATE : _____________

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APPLICATION FOR DECLARATION OF COMPANY DEFUNCT UNDER FAST TRACK EXIT MODE - 2011

RESOLVED that in view of the fact that the company is not carrying any of its business activities and that the company and the board of directors of the company do not wish to start any other activities at any time in future, an application under section 560 of the Companies Act, 1956 and under Fast Track Exit Mode Scheme as announced by the Ministry of Corporate Affairs be made to the Registrar of Companies for striking off the name of the company from the Register kept in his office.

FURTHER RESOLVED that in view of the fact that company does not have any dues or amount to any including the central/state / local Government or any one , an affidavit to this effect to the Registrar of Companies be made by all the directors of the Company.

FURTHER RESOLVED that as indemnity to the effect that even if the name of the company is struck off by the Registrar of Companies on the request/ application of the directors of the company, the Directors to pay any dues to any one on submission of the claim at time in future, as if the name of the company has not been struck off or the company has not been dissolved for the purpose of the said claim and the said indemnity be signed by all the directors of the company as per draft put before the board and approved by it. 

RESOLVED FURTHER that the existing directors of the Company be and they are hereby jointly authorized to make an Application; to swear the required Affidavit; to give the required Indemnity Bond and to sign such other documents as may be required and generally to do all the needful in representing the Company or in attending to all the matters necessary, incidental, conducive or arising from the implications of the aforesaid Mode on the Company.

OR

And Resolved Further that MR. _____________, AND MR. ___________ AND who are the existing directors of the Company and who are requested to give the required Indemnity Bond under the Fast Track Exit Mode, 2011 be and they are hereby individually authorized to deal with, in any manner that may be considered fit or expedient, all or any of the assets or liabilities disclosed in the Statement of Account as on ^________st day of __________, 2016 and also authorized to represent the Company as its duly constituted attorneys, representatives, successors, assignees, nominees in relation to all or any of the aforesaid assets or liabilities or in relation to all or any of the claims, losses, liabilities, obligations as well as rights, interests , entitlements whatsoever that may arise or be required to be met with or be required to be disbursed, distributed or dealt with in whatsoever manner in adhering or pursuing the Fast Track Exit Mode, 2011 or otherwise hereinafter.”

RESOLVED finally that Mr. _____________- and Mr. __________, Director be and is hereby severally authorized to sign/file necessary forms/returns/documents etc. and to do all such acts as may be necessary and proper in this regard.

For and on behalf of the board of directors

_______________Private Limited

Director Director

Date: ___________

Place: _____________

                                     BOARD RESOLUTION

____________________ PRIVATE LIMITED

CIN Number : ________________________________________

Address : _______________________, City : ___________, 
Pin Code :___________, State: ________

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CERTIFIED TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING OF THE BOARD OF DIRECTORS OF THE COMPANY HELD ON _____^ST _____________2016_AT 05:30 P.M. AT THE REGISTERED OFFICE OF THE COMPANY AT _______________, CITY : ___________, PIN CODE :___________, STATE : _____________

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“RESOLVED THAT the consent of the Board of Directors of the company be and is hereby accorded to make an application to the Registrar of companies, __________ pursuant to the provisions of section 560 of the companies Act, 1956, for striking off the name of the company from the Registrar of the Companies."

"RESOLVED FURTHER THAT the Board of Directors of the company be and are hereby authorized to make an application and to give necessary affidavit for and on behalf of the Board of Directors of the company, a copy of which is placed before the meeting, in order to get the name of the company struck off from the Register of Companies maintained by the Registrar.,

“RESOLVED FURTHER THAT Sri.................., Director of the company. be and is hereby authorized to sign and give any information, clarifications, explanations and also digitally sign any Form and do all such acts and deeds as may be required under the Scheme, to Implement the above said resolution”.

FURTHER RESOLVED THAT MR. ______(DIN) AND MR. ______(DIN) Directors of the company be and are hereby severally or jointly authorized to file Form FTE, and to do all such acts, deeds and things as may be necessary and incidental for the aforesaid purpose.”

Certified True Copy

For and on behalf of the board of directors

_______________Private Limited

(Director)

ADDRESS

DIN:

Date:

INDEMNITY BOND

To

The Registrar of Companies,

1. We, the directors of ______________________ PRIVATE LIMITED, incorporated on ______________ under the Companies Act, 1956, having its Registered Office at _______________________, City : _________, Pin Code : ________ State :______, INDIA, do hereby declare that:

2. We _____________ S/o Mr. ____________________ and _____________ S/o Mr. ____________________ are the Directors of this company.

3. That we have made an affidavit dated the _________, duly sworn before First Class Judicial Magistrate or Executive Magistrate or Oath Commissioner or Notary, affirming that the Company ________________ PRIVATE LIMITED has nil assets and liabilities as on date.

4. Further, the Company has been inoperative for last 3 years. And the company is not intending to do any business or commercial activity. Thus the Company is defunct and I request the Registrar of Companies, State : ___________ to strike off the name of the Company from the Register of Companies under Section 560 of the Companies Act, 1956.

5. We do hereby undertake and indemnify in writing:

(a) to pay and settle all lawful claims arising in future after the striking off the name of the Company.

(b) to indemnify any person for any losses that may arise pursuant to striking off the name of the Company.

(c) to settle all lawful claims and liabilities which have not come to our notice up to this stage, even after the name of the Company has been struck off in terms of Section 560 of the Companies Act, 1956.

Place: _________                                                                            (Signature)

Date: __________                                                          (To be given by every director)

                  

                                                                                                                                   _______________

WITNESSES:

1.Signature:

Name: ________________

Father’s name: S/o Mr. __________________

Address: _____________, City : _________, Pin Code : ________ State :______, INDIA

2. Signature:

Name: ________________

Father’s name: S/o Mr. __________________

Address: _____________, City : _________, Pin Code : ________ State :______, INDIA

3.Signature:

Name: ________________

Father’s name: S/o Mr. __________________

Address: _____________, City : _________, Pin Code : ________ State :______, INDIA

Statement of Account

Statement of Account
Name of Company: _______________- Private limited
CIN: U_______________________
Statement of Account as on date: _______________					Annexure -C
Particulars: (Brief break up in respect of each item needs to be given)					Amount(Rs.)
1. Sources of funds					0
(1) Capital					0
(2) Reserves and Surplus (including balance in Profit and Loss A/c					0
(3)Loan Funds					0
Secured Loans from financial institutions				0
Secured Loans from Banks				0
Other Secured Loans				0
Debentures				0
Unsecured Loans				0
Deposits and Interst thereon				0
Total Loan Funds				0
Total of (1) to (3)					0
2. Application of funds
1. Fixed assets					0
2. Investments					0
(3) (i) Current assets ,Loans and advances
Less: (ii) Current liabilities and provisions					0
Creditors				0
Unpaid Dividend				0
Payables				0
Others				0
Total Current Liabilities and provisions					0
Net Current Assets(i-ii)
(4)Miscellanous Expenditure to The Extent not Written off or Adjusted					-
(5) Profit and Loss A/c (debit balance)					0
Total of (1) to (5)					0

Date : _____________
Place : _______________ 

Mr. __________________

(Director)

  

Mr. __________________

(Director)

For: _____________________              Chartered Accountants                     FRN NUMBER :

CONFIRMATION To The Registrar of Companies, _________________. We, _________, ________________and _____________, the directors of ___________________________incorporated on _____________under the Companies Act, 1956, having its Registered Office at _____________________do hereby confirm that: 1. We ________________S/o ____________________, ______________S/o ______________ are Directors of this company.    2. That this is not a voluntary winding up of the company M/s_________________________. 3. That directors will not own, transfer or distribute the current assets after winding up of the company. Place: _______________                          1. _______________ Date: ________________                         S/o ________________                                                              R/o ________________ 2._______________                                                                            S/o ________________                                                                            R/o ________________

Thanks & Regards,
CS Meetesh Shiroya