SOURABH GUPTA B.COM.

CS MBA

CHECKLIST FOR CLOSURE OF COMPANY UNDER SECTION 560 OF THE COMPANIES ACT
S. No. 1. 2 PARTICULARS Check the minimum no. of Directors as required in Privat
e Company & Public Company. Board Resolution is required containing the followin
g points: 3 Unanimous approval of Board for making an application for s
e 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 app
rove 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 th
e 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 Financia
l Statements as prepared not earlier than one month from the date of application
. REMARKS
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 Att
ested 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 los
s/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 Jud
icial 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.

4.
SOURABH GUPTA B.COM. CS MBA
To give brief particulars of all the litigations, if any, pending against or inv
olving the company along with case no., state of authority, where it is pending
etc. with application.
5.
6.
Statutory Auditor Certificate that Company is not doing any business since incep
tion or Company is inoperative and Company has no Statutory dues pending towards
banks, Financial Institutions, Govt. organizations, creditors and to other pers
on. Certificates from each Director of the Company clearly mentioning that Compa
ny Company is not doing any business since inception or Company is inoperative a
nd 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 Companie
s Act 1956. 2. Original Affidavits separately of each director along with comple
te annexures 3. Original Indemnity Bond separately of each director along with c
omplete annexures. 4. Audited Financial Statement of Accounts for the previous y
ear 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 C
OMPANY RESOLVED THAT in view of the Company not carrying on any business activit
ies and also in view of the fact that the Company was not intending to do any bu
siness in future, approval of the Board of Directors of the Company unanimously
accorded to make an application to the Registrar of Companies, Jalandhar for str
iking 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 h
ereby authorized make an application to Registrar of Companies, Jalandhar in thi
s regard and to give any informations, clarifications, explanations, statements,
affidavits, certificates etc. and to do all such acts and deeds as may be requi
red, 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 at
torney 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, Jala
ndhar 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 c
onfirm the acts done by the said attorney by virtue of the powers given here abo
ve, as if the same had been done by us in person as Directors of the said concer
n. In witness where of we do here under set our hand on this deed at 17.01.2008
Accepted: (__________)
Directors: 1. (Y)
Date : 17.01.2008
2.
(Mr. X)

SOURABH GUPTA B.COM. CS MBA

AFFIDAVIT
I, Y, Director of ABC LIMITED, incorporated on 14th September 1994 under the Com
panies Act, 1956 and having its registered office situated at ADDRESS, -, L-- so
lemnly 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 f
inance and investment Company . 3) The company is inoperative and there is no in
tention to carry the business in future also. 4) The company has no assets and l
iabilities. 5) As on date company is not having any dues towards Income Tax/Sale
s Tax/Central Excise or any other Central or State Governmental Department/Autho
rities 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 th
e name of the company from the Register of Companies maintained by the said Regi
strar of Companies under section 560 of the Companies act, 1956. 8) In case of a
ny 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 t
hat this declaration is true to the best of our knowledge and belief and that no
thing 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

SOURABH GUPTA B.COM. CS MBA

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 No
tary 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 no
t intending to do any business or commercial activity as laid down in the main o
bjects 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 s
trike off the name of the company from the register of companies in terms of sec
tion 560 of the Companies Act, 1956. 3. In view of the above, I do hereby undert
ake in writing: a. to pay and settle all lawful claims arising out of the striki
ng off the name of the company. b. to indemnify any person for any such losses t
hat 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 o
f the Companies Act, 1956.
Place: L Date : 18.01.2008 Signature:_______________ (Y) Witnesses: 1. 2.

SOURABH GUPTA B.COM. CS MBA

CERTIFICATE
I, Y, Director of ABC LIMITED, having its registered office at ADDRESS, -, L-- d
o 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 Com
panies Act, 1956 and having its registered office situated at ADDRESS, -, L-- so
lemnly 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 f
inance and investment Company. 3) The company is inoperative and there is no int
ention to carry the business in future also. 4) The company has no assets and li
abilities. 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/Author
ities or any local authorities. 6) The company has no worker as on date. 7) In v
iew of the foregoing, all the Directors of the company have decided to make an a
pplication 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 Regis
trar of Companies under section 560 of the Companies act, 1956. 8) In case of an
y 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 C
ompanies, 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 th
at this declaration is true to the best of our knowledge and belief and that not
hing 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 o
f 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 hav
e made an affidavit dated 18.01.2008 duly sworn before the Notary public affirmi
ng 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 a
ny business or commercial activity as laid down in the main objects of its Memor
andum of Association in future.

SOURABH GUPTA B.COM. CS MBA

c. Thus the company is defunct and is requesting the Registrar of Companies to s
trike off the name of the company from the register of companies in terms of sec
tion 560 of the Companies Act, 1956. 3. In view of the above, I do hereby undert
ake in writing: a. to pay and settle all lawful claims arising out of the striki
ng off the name of the company. b. to indemnify any person for any such losses t
hat 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 o
f the Companies Act, 1956. Place: _________ Date : _________ Signature:_________
_________ (__________) Witnesses: 1. 2.

SOURABH GUPTA B.COM. CS MBA

CERTIFICATE
I, X, Director of ABC LIMITED, having its registered office at ADDRESS, -, L-- d
o 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)