Application by the Company for Removal of its Name from the Register of Companies.
2 (1) For the purposes of sub-section (2) of section 248, a company may file with the Registrar, an application in Form No. 18.2 along with fee as prescribed in Annexure C for removing its name from the register of companies on all or any of the ground(s) specified in sub-section (1) of Section 248.
(2) The application in Form No. 18.2 shall be accompanied by:
(i) Indemnity bond duly Notarized by every director in Form No. 18.3; and
(ii) A statement of accounts containing assets and liabilities of the company made up to a day, not more than seven days before the date of application and certified by a chartered accountant.
(iii) An affidavit in Form 18.5 should be sworn by every director of the company before a first class Judicial Magistrate or Executive Magistrate or Oath Commissioner or Notary to the effect that –
(a) Extinguished all its liabilities;
(b) Filed up to date financial statements and annual returns;
(c) Company is not in operation or doing any business;
(d) No dues towards income tax or sales tax or central excise or banks and financial institution or public deposits or any other Central Government or State Government Departments or authorities or any local authorities;
(e) No inspection or investigation is ordered and pending;
(f) No prosecution for non-compoundable offence under the Act is pending;
(g) The company is not a listed company; and
(h) The company is not a company registered under section 8 of this Act.
(iv) No objection Certificate from sectoral Regulator as provided in subsection (2) of section 248.
(v) In the case of vanishing companies, no objection from the Securities Exchange Board India, Ministry of Corporate Affairs and Reserve Bank of India (in the case of NBFCs).
(vi) Copy of the Special Resolution or consent of seventy five per cent number in terms of paid up share capital |