FORM NO. RSC-1
[Pursuant to rule 2(1)]
Company Application No ...... of…… 2.....
__________________Ltd
Application under section 66 for confirming the reduction of share capital
The petitioner herein submits:-
1. The above named company, the applicant herein (hereinafter called 'the company') was registered on the ....... day of _____ , under the provisions of the [Companies Act, _____] as a company limited by shares/limited by guarantee with a share capital.
2. The registered office of the company is situate at….... .
3. The main objects of the company are [__________].
4. The capital of the company is Rs .... divided into ........ shares of Rs ......... each, of which ........... shares have been issued and have been fully paid-up or credited as fully paid (or have been paid up to the extent of Rs ... per share).
[Note: Where there is more than one class of shares, the petition should set out the classes of shares and state specifically whether there is or there is not any priority as to capital]
5. By article(s) .......... of the articles of association of the company, it is provided that the company may, from time to time, by special resolution, reduce its capital in any manner permitted by law.
6. Brief information in respect of financial position of the company; qualification, reservation or adverse remark or disclaimer made by the auditor in his report, if any, details of any pending inspection, inquiry or investigation against the company under the Companies Act, 2013.
7. [Set out reasons for reduction.]
8. By a special resolution of the company, duly passed in accordance with section 66(1) of the Companies Act, 2013, at a general meeting thereof held after due notice as provided in the Act on the ........... day of... ...... .20 .... it was resolved
[Here set out the resolution]
9. Details about
(i) the number of members present and voting at such meeting and number of shares or voting power held by them;
(ii) the number of members who voted in favour of the resolution for reduction of share capital and the number of shares or voting power held by them;
(iii) the number of members who voted against the resolution and the number of shares or voting power held by them;
10. [Here set out whether the reduction of share capital involves extinction or reduction of any liability in respect of unpaid share capital or cancellation of an paid-up share capital which is lost or is unrepresented by available assets or the payment to any shareholder of any paid-up share capital]
11. The form of the minute proposed to be registered under section 66(5) is as follows:
[Here set out the proposed minute]
12. The applicant therefore prays :
(1) That the reduction of capital resolved on by the special resolution set out in paragraph ___above be confirmed;
(2) That to this end all directions necessary and proper be made and given;
(3) That the proposed minute be approved; and
(4) That such further or other orders be made in the premises as to the Tribunal shall seem fit.
Dated ...........
Applicant or his authorised representative
Attachments:-
(i) List of creditors
(ii) Certificate by the auditor w.r.t. creditors’ list
(iii) Certificate and declaration w.r.t. company not being in arrears in repayment of deposits
(iv) certificate by auditor with regard to confirming with accounting standards
(v) Any other attachment.
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