Q. What is Easy Exit Scheme (EES), 2010?
A. “Easy Exit Scheme, 2010” is a scheme to give opportunity to the defunct companies to get their names struck off from the register under Section 560 of the Companies Act, 1956.
Q. What is the time period of the Scheme?
A. The Scheme shall come into force on the 30th May, 2010 and shall remain effective up to 31st August, 2010.
Q. Which are the companies to whom EES, 2010 is not applicable?
A. The Scheme does not inter-alia cover the listed companies, section 25 companies, vanishing companies, companies under inspection/investigation, companies against which prosecution for a non-compoundable offence is pending in court, companies having outstanding public deposits or secured loan or dues towards banks and financial institutions or any other Government Departments etc. or having management dispute or company in respect of which filing of documents have been stayed by court or CLB or Central Government or any other competent authority.
Refer general circular number 2/2010 available on MCA portal under News & Events and under heading Act, Bills and Rules for details.
Q. What is the procedure for making application for striking off the name under ESS, 2010?
A. The Company desirous to get its name struck off from the Register shall file an application with the Registrar in the prescribed Form EES, 2010.
Q. Is there any fee for filing Form EES, 2010?
A. No, there is no fee for filing the Form EES, 2010.
Q. Who can sign Form EES, 2010? Whether digital signature of authorised signatory of the company is a mandatory requirement for filing the Form ESS, 2010?
A. In case there are active signatories of the company existing in the MCA21 system, then the Form shall have to be mandatorily digitally signed by the authorised signatory of the company.
In case no such signatories are existing in the MCA 21 system, then a physical copy of the Form duly filled in, shall have to be signed manually by a director authorised by the Board of Directors of the company and shall be attached with the Form.
In all cases, certification by a practicing professional (i.e. CA/ CS/ CWA) is mandatory.
Q. In case any stakeholder has any objections to the Striking off the name of any company from the Register, what shall be done in such case?
A. List of applications filed under EES, 2010 will be available on the portal. In case any stakeholder has any objections to the Striking off the name of any company, he/she may raise such objection with the concerned RoC Office within 30 days from the date of filing Form EES, 2010 by the company.
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sir, if a company has fixed assets i.e. office premises. Can it be closed under this scheme. Can that assets be transfered to shareholders at cost. What will be the tax implication for the same
sir, one company has a lona o/s from a shareholder and since there are no asseets , it cannot be paid. if it is waived it will amount to income and there will be book profit.and tax thereon.
does this scheme allow the closure of the compny by a with liabilities , if it is taken over by one of the dirctors/shareholders
thanks for our reply