Clarification on Circular No. 33/2011 dated 01.06.2011 with regard to compliance of provisions of the Companies Act, 1956 and Rules made there under

MCA has blocked filing of various forms by companies who have failed to file annual accounts and return for any financial year from 2006-07 to 2009-10. The only forms permitted are Annual Accounts, Annual Return, Compliance Certificate, DIN-3, Form 32 for change in directors, Form 21 for Court / Tribunal / CLB orders, IEPF forms. ROC has been directed not to accept any forms (except those mentioned above) in respect of other companies where the Directors of the defaulting company are directors.Company Secretaries and Auditors are not permitted to file forms for these companies as well.Necessary action would be taken against the defaulting directors and officers. This would take effect from 3 July 2011._______________________________________________

PRESS RELEASE, MINISTRY OF CORPORATE AFFAIRS

Ministry of Company Affaisrs has issued General General Circulars No. 33/2011 dated 01.06.2011 wherein it was informed that in order to ensure corporate governance and proper compliances of provisions of Companies Act, no request, whether oral, in writing or through e-forms, for recording any event based information / changes shall be accepted by the Registrar of Companies from such defaulting companies, unless they file their updated Balance Sheet and Profit & Loss Accounts and Annual Return with the Registrar of Companies. It is further clarified that the circular shall be applicable to those defaulting companies and their Directors which have not filed Balance Sheet or Annual Return for any of the financial years 2006-07, 2007-08, 2008-09 and 2009-10 with the Registrar of Companies as required under sections 220 and/or 159 of the Companies Act.

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General Circular No. 38 /2011, Dated 20.06.2011

Sub: Clarification on Circular No. 33/2011 dated 01.06.2011 with regard to compliance of provisions of the Companies Act, 1956 and Rules made there under

The Ministry has issued General Circulars No. 33/2011 dated 01.06.2011 wherein it was informed that in order to ensure corporate governance and proper compliances of provisions of Companies Act, 1956, no request, whether oral, in writing or through e-forms, for recording any event based information / changes shall be accepted by the Registrar of Companies from such defaulting companies, unless they file their updated Balance Sheet and Profit & Loss Accounts and Annual Return with the Registrar of Companies.

In order to have better understanding of the circular, it is further clarified that the above circular shall be applicable to those defaulting companies and their Directors which have not filed Balance Sheet or Annual Return for any of the financial year’s 2006-07, 2007-08, 2008-09 and 2009-10 with the Registrar of Companies as required under sections 220 and/or 159 of the Companies Act, 1956.

It is again reiterated that the above circular shall be effective from 3rd July, 2011.

Yours faithfully,

-SD/- (Monika Gupta)

Assistant Director

F.No. 17/146/2011-CL-V

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Category : Company Law (3412)
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