Remember | Register | Forgot Password?
Bookmark This Page   RSS Feeds  Follow On Twitter

 

Search for Lawyers          
    



Please Wait ..


Discussion > Legal Documents > DRAFT PETITION UNDER SECTION 560(6) OF THE COMPANIES ACT,1956   Unanswered Threads Post New Topic

Pages : 1


There are 3 Replies to this message


Dhiren Akbari


advocate
[ Scorecard : 126]
Posted On 01 March 2009 at 03:21 Report Abuse

NEED HELP OF MEMBERS PLEASE,

I NEED DRAFT PETITION AND RELAVANT JUDGEMENTS FOR FILINF PETITION UNDER SECTION 560(6) OF THE COMPANIES ACT,1956 FOR REVIVIFICATION OF THE DEFUNCT COMPANIES.

PLEASE  HELP ME.

 

 

 



Online certification courses in IP, IT and Social Media laws


Shree.


Advocate.
[ Scorecard : 5312]
Posted On 01 March 2009 at 12:30 Report Abuse

Dear Dhiren Patel,


Find the draft below or else download in attached file and modify as per your need.


Hope it helps you a lot.


Rds,


Shree.


  APPLICATION FORM FOR STRIKING OF NAME OF COMPANY UNDER


SECTION 560 OF THE COMPANIES ACT, 1956 UNDER SIMPLIFIED EXIT SCHEME

 











Affix

Photo

Stamp

Size


Affix

Photo

Stamp

Size


Affix

Photo

Stamp

Size



 

 

 


























No. of Company


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 



 

























Name of the Company:


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 



 

Address of the Company::

To


The Registrar of Companies

 


(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, if there is a deadlock of having one member in the Board due to demise of other directors,     even a single alive director may constitute the board as per Regulation 75 of Table A.

 (2)      I/We furnish the following details and documents for considering the application.

(i) Balance Sheet and Profit and Loss Accounts for the year ending _____ showing no assets and liabilities.

 (ii) An affidavit as per Annexure B of the General Circular No.17/78/2001-CL.V dated 25.3.2003 of D/o Company Affairs.

             (iii) An indemnity bond as per Annexure C of the General Circular No.17/78/2001-CL.V dated 25.3.2003 of D/o Company Affairs.

    (iv) Demand Draft/Pay Order/Banker’s Cheque No. _______ dated________ payable at _________.

 (3) Now, therefore, the undersigned request you to take action to strike off the name of the company from the register.

                                                                                    Your faithfully,

                                 

     Name and Address of the Applicants.(directors)

         1. Signature

                                                                 2.Signature              

       Date:

 

 

ANNEXURE-B

AFFIDAVIT:

 

 We, the following Directors of ___________________________________ Private/Limited, (hereinafter called “the Company”), incorporated on ___ /___/_____ under the Companies Act, 1956 and having its Registered Office at __________________________________________________:

 

1. Shri_______________, S/o. Shri___________, presently residing at___________________ and having permanent address at___________________ and having PAN No._______________.

 

 

2. Shri ______________, S/o. Shri ___________, presently residing

at ___________________ and having permanent address at___________________ and having PAN No._______________.

 

 

3. Shri ______________, S/o. Shri ___________, presently residing

at ___________________ and having permanent address at___________________ and having PAN No._______________.

 do solemnly affirm as under:

 

1. The Company was incorporated on __________________ with the object to carry on the business of:- ______________________________________

_____________________________________________________________.

 

2. We are the directors of ________________________________________

Private / Limited.

 

3. The Company has been inoperative right from the date of its incorporation / for the past __________________ years due to diverse reasons.

 

4. That a resolution has been passed to approach the Registrar of Companies to strike off the name of company under section 560 he Companies Act, 1956, in the meeting of Directors held on……………………….

 5. As on date the Company is not having any dues towards Income Tax / Sales Tax / Central Excise/ Banks and Financial Institutions or any other Central or State Government Departments / Authorities or any local authorities.

 6. That an application is hereby filed for action under section 560 of the Companies Act, 1956, before the Registrar of Companies with necessary fees and required balance sheet.

 7. In case of any loss(es) to any person or any valid claim from any person, if any, arising out of the striking off the name of the Company from the Register of Companies, by the Registrar of Companies, ___________, we the Directors of the Company jointly and severally, undertake to indemnity any person for any such losses and the indemnity bond to this effect is enclosed.

  We solemnly affirm that this declaration is true to the best of our knowledge and belief and that it conceals nothing and that no part of it is false.

  

 

Place:                          Signature:  1. Shri____________________

 

  

                                                    2. Shri____________________

 

 

Date:                                             3. Shri____________________

 

  

[Delete wherever not applicable]

 

 

 

  

                                     

 

                                   

 

 

 

ANNEXURE-C

 

INDEMNITY BOND

   

1.    We Shri _______________, S/o Shri ________________, residing at ___________,Shri _______________, S/o Shri __________________, and Shri________________S/o Shri__________________________residing at ____________________, do hereby jointly and severally declare that:

 

(a) We are the Directors of _______________________Private/ limited, a Company incorporated on ___________ under the Companies Act, 1956 whose Registered Office is situated at _____________________________.

 

(b) That we have made an affidavit dated _____ the ______, _______ duly sworn before notary public affirming that the Company ______________        __________________________Private/Limited, has assets worth Rs.________/- in the form of ____________. The Company has no liabilities.

 

(c) Further the Company is not doing / carrying on any business right from the date of its incorporation and the Company is also not intending to do any business or commercial activity as laid down in the main objects of its Memorandum of Association in future.

 

(d) Thus the Company is defunct and is requesting the Registrar of Companies, _______________ to strike off the name of the Company from the Register of Companies in terms of Section 560 of the Companies Act, 1956.

 

 2. In view of the above, we do hereby undertake in writing:

 

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

 (b) to indemnify any person for any such 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 at this stage, even after the name of the Company has been struck off in terms of Section 560 of the Companies Act, 1956.

 

 

 

 

 

Place:      Date:                                Signature:  1___________            

                                                                             2.____________ 

                                                                             3. --------------------

WITNESSES:

 

1.                         Signature

 

Name:

 Father’s name:

  Address:

 Occupation:

 

 

2. Signature

 Name:

 Father’s name:

 Address:

Occupation:

 

 



Attached File (downloaded 354 times) :

RAKHI BUDHIRAJA


LAWYER AT BUDHIRAJA & ASSOCIATES, SUPREME COURT OF INDIA
[ Scorecard : 10740]
Posted On 04 March 2009 at 18:47 Report Abuse

Thanx  for helpful information



Shashikant Patil


Assistant Manager (Legal)
[ Scorecard : 2725]
Posted On 24 March 2009 at 15:53 Report Abuse

Really good knowledgeble information.




Related Files



Previous Thread
Previous
Next Thread
Next

Related Threads


Post your reply for DRAFT PETITION UNDER SECTION 560(6) OF THE COMPANIES ACT,1956



Your are not logged in . Please login to post replies

Click here to login


Not a member yet ?? Click here to signup

Message







    

  • This is a public forum. Avoid posting content which you do not wish to disclose in public.
  • Use thank button to convey your appreciation.
  • Maintain professionalism while posting and replying to topics.
  • Try to add value with your each post.





Subscribe to the latest topics :


Forum Home | Forum Portal | Control Center | Who is Where | Popular Threads | Today's Topic | Recent Posts | Today's Posts | Post New Topic | Thread With Files | Top Threads - Month | Unreplied Topics | Forum Stats


web analytics