SOURABH GUPTA

B.COM. CS MBA

CHECKLIST FOR CLOSURE OF COMPANY UNDER SECTION 560 OF THE

COMPANIES ACT

S. No. PARTICULARS REMARKS

1. Check the minimum no. of Directors as required in Private Company

& Public Company.
2 Board Resolution is required containing the following points:
• Unanimous approval of Board for making an application for
striking off the name of Company from the Register as per
section 560.
• To authorize the directors of the Company for execution and
signing the Affidavits and Indemnity Bond.
• To approve the audited financial statement or statement of
accounts as prepared for a period not prior to the one month
from the date of application.
• To authorized the M.D./W.T.D./Director of the Company to
apply in prescribed form (Form No. 61) to the ROC for
striking off name of the Company.
• To approve the Audited Financial Statements as prepared
not earlier than one month from the date of application.

3 Prepare an application in Form no. 61 to ROC for striking off the Annexures with Affidavit &
name of the Company along with following annexures: Indemnity Bond duly attested
(Separately of each Directors):
• Audited Financial Statements showing no assets and
liabilities (Nil Balance Sheet). i. Two Copies of Proof of
• Duly Attested Affidavits on Non Judicial Stamp Paper from present/permanent residential
each Director of the Company that Company is not doing address.
any business, it does not have any dues, he will ii. Two Copies of PAN
pay/indemnify for any loss/damages, if caused to any person No./Passport.
due to striking off name of the Company u/s 560. iii. Two Copies of Board
• Duly Attested Indemnity Bond on Non Judicial Stamp Paper Resolution.
from each Director of the Company that Company is not
doing any business, it does not have any dues, he will
pay/indemnify for any loss/damages, if caused to any person
due to striking off name of the Company u/s 560 and
Company has no worker as on date .
• Certified copy of Bank Accounts, if any, maintained by the
Company.
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B.COM. CS MBA
4. To give brief particulars of all the litigations, if any, pending
against or involving the company along with case no., state of
authority, where it is pending etc. with application.

5. Statutory Auditor Certificate that Company is not doing any business

since inception or Company is inoperative and Company has no
Statutory dues pending towards banks, Financial Institutions, Govt.
organizations, creditors and to other person.
6. Certificates from each Director of the Company clearly mentioning
that Company Company is not doing any business since inception or
Company is inoperative and Company has no Statutory dues
pending towards banks, Financial Institutions, Govt. organizations,
creditors and to other persons.

SUBMIT THE FOLLOWING DOCUMENTS IN PHYSICAL FORM TO ROC OFFICE.

1. Original Copy of Board Resolution for striking off the name of Company u/s 560 of the
Companies Act 1956.

2. Original Affidavits separately of each director along with complete annexures

3. Original Indemnity Bond separately of each director along with complete annexures.

4. Audited Financial Statement of Accounts for the previous year and the current financial
year for a period not earlier than one month from the date of application. (Nil Balance
Sheet).
SOURABH GUPTA
B.COM. CS MBA

Specimen Formats

CERTIFIED COPY OF RESOLUTION PASSED IN THE MEETING OF BOARD OF DIRECTORS

OF ABC LIMITED HELD ON 12TH JANUARY 2008 AT REGISTERED OFFICE OF THE
COMPANY

RESOLVED THAT in view of the Company not carrying on any business activities and also in view
of the fact that the Company was not intending to do any business in future, approval of the Board
of Directors of the Company unanimously accorded to make an application to the Registrar of
Companies, Jalandhar for striking off the name of the Company under Section 560 of the
Companies Act, 1956.

RESOLVED FURTHER THAT Mr. X and Y, Directors, severally or jointly, be and are hereby
authorized make an application to Registrar of Companies, Jalandhar in this regard and to give any
informations, clarifications, explanations, statements, affidavits, certificates etc. and to do all such
acts and deeds as may be required, under the Act to implement the above said resolution.

Sd/
CHAIRMAN

For ABC LIMITED

(DIRECTOR)
SOURABH GUPTA
B.COM. CS MBA

POWER OF ATTORNEY

Know All men by these present that, Y & Mr. X, Directors of _________ do hereby
nominate, appoint and constitute Mr. __________, L, to be our true and lawful attorney
for us in our name and on behalf of _______________. to deal with all the work of this
company relating to the office of the Registrar of Companies, Jalandhar and to submit
any statement/returns, to correspond with the said office of the Registrar of Companies,
Jalandhar in connection with application u/s 560 of the Companies Act, 1956.

He is fully authorized to make any correction/addition/alteration in the documents

submitted or to file any document/return/statement having bearing on our above said
concern. We hereby do undertake to ratify and confirm the acts done by the said attorney
by virtue of the powers given here above, as if the same had been done by us in person as
Directors of the said concern.

In witness where of we do here under set our hand on this deed at 17.01.2008

Accepted:

(__________)
Directors:

1. (Y)

2. (Mr. X)
Date : 17.01.2008
SOURABH GUPTA
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AFFIDAVIT
I, Y, Director of ABC LIMITED, incorporated on 14th September 1994 under the Companies Act,
1956 and having its registered office situated at ADDRESS, -, L-- solemnly affirm as under:

1) I am the Director of ___________.

2) The Company was incorporated on 14th September 1994 with an object to carry on the
business as finance and investment Company .
3) The company is inoperative and there is no intention to carry the business in future also.
4) The company has no assets and liabilities.
5) As on date company is not having any dues towards Income Tax/Sales Tax/Central
Excise or any other Central or State Governmental Department/Authorities or any local
authorities.
6) The company has no worker as on date.
7) In view of the foregoing, all the Directors of the company have decided to make an
application to the Registrar of Companies, Punjab, Himachal & L to strike off the name
of the company from the Register of Companies maintained by the said Registrar of
Companies under section 560 of the Companies act, 1956.
8) In case of any loss 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 by the Registrar of
Companies, I, the Director of the company, undertake to indemnify any person for any
such losses and indemnity bond to this effect enclosed.

I solemnly affirm that this declaration is true to the best of our knowledge and belief and that
nothing has been concealed and no part of it is false.

Place: L
Date : 17.01.2008
Signature:____________________
SOURABH GUPTA
B.COM. CS MBA
(Y)
SOURABH GUPTA
B.COM. CS MBA
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INDEMNITY BOND

The Registrar of Companies,

Punjab, Himachal & L,

Jalandhar.

1. I, Y, s/o Sh. __________h, Director of _________. hereby jointly and

severally declare that:

2. I am the Director of ABC LIMITED, which was incorporated on 14th

September 1994 under the Companies Act 1956 having its registered
office situated at ADDRESS, - L--.

a. That I have made an affidavit dated 18.01.2008 duly sworn before

the Notary public affirming that the company has no assets and
liabilities.

b. Further the company is not carrying on any business activity 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.
SOURABH GUPTA
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c. 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.

3. In view of the above, I 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: L

Date : 18.01.2008

Signature:_______________
(Y)

Witnesses:

1.

2.
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CERTIFICATE

I, Y, Director of ABC LIMITED, having its registered office at ADDRESS, -,

L-- do hereby declare that company is not doing any business since
incorporation and there is no dues pending to Government, Public Financial
Institution or Banks or any other authorities.

Date : 18.01.2008
Signature:____________________
(Y)
SOURABH GUPTA
B.COM. CS MBA

AFFIDAVIT
I, X, Director of ABC LIMITED, incorporated on 14th September 1994 under the Companies Act,
1956 and having its registered office situated at ADDRESS, -, L-- solemnly affirm as under:

1) I am the Director of ABC LIMITED.

2) The Company was incorporated on 14th September 1994 with an object to carry on the
business as finance and investment Company.
3) The company is inoperative and there is no intention to carry the business in future also.
4) The company has no assets and liabilities.
5) As on date company is not having any dues towards Income Tax/Sales Tax/Central
Excise or any other Central or State Governmental Department/Authorities or any local
authorities.
6) The company has no worker as on date.
7) In view of the foregoing, all the Directors of the company have decided to make an
application to the Registrar of Companies, Punjab, Himachal & L to strike off the name
of the company from the Register of Companies maintained by the said Registrar of
Companies under section 560 of the Companies act, 1956.
8) In case of any loss 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 by the Registrar of
Companies, I, the Director of the company, undertake to indemnify any person for any
such losses and indemnity bond to this effect enclosed.

I solemnly affirm that this declaration is true to the best of our knowledge and belief and that
nothing has been concealed and no part of it is false.

Place: L
Date : 18.01.2008
SOURABH GUPTA
B.COM. CS MBA
Signature:___________________
(X)
SOURABH GUPTA
B.COM. CS MBA

INDEMNITY BOND

The Registrar of Companies,

Punjab, Himachal & L,

Jalandhar.

1. I, _______, s/o Sh. _________, Director of _________ hereby declare

that:

2. I am the Director of ABC LIMITED, which was incorporated on 14th

September 1994 under the Companies Act 1956 having its registered
office situated at ADDRESS, - L--.

a. That I have made an affidavit dated 18.01.2008 duly sworn before

the Notary public affirming that the company has no assets and
liabilities.

b. Further the company is not carrying on any business activity 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.
SOURABH GUPTA
B.COM. CS MBA

c. 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.

3. In view of the above, I 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:__________________
(__________)

Witnesses:

1.

2.
SOURABH GUPTA
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CERTIFICATE

I, X, Director of ABC LIMITED, having its registered office at ADDRESS, -,

L-- do hereby declare that company is not doing any business since
incorporation and there is no dues pending to Government, Public Financial
Institution or Banks or any other authorities.

Date : 18.01.2008

Signature:_____________
(X)