General Circular No. 63/2011, Dated the 6th Sept, 2011

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

Subject: Compliance of the provisions of Companies Act, 1956 and Rules made thereunder

The Ministry has issued General Circular 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 or 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.

2. However, in the interest of stakeholders certain event based information /changes were being accepted by the Registrar from such defaulting companies. Now, on the requests received from various quarters of the corporates & professionals, following forms will also be accepted by the Registrar.

(a) Filing by Directors of defaulting Companies in respect of such companies:-

Form 2 Return of allotment
Form 3 Particulars of contract relating to shares allotted as fully or partly paid-up otherwise than in cash
Form 5 Notice of consolidation, division, etc. or increase in share capital or increase in number of members
Form 23 Registration of resolution(s) and agreement(s)
Form 61 Form for filing an application for compounding of offences

(b)  Filing by Directors of defaulting Companies in respect of Companies having the status of Dormant Companies.

Form 61 Form for filing an application with Registrar of Companies for normalizing the company and compounding of offences.
DIN-3 Intimation of Director Identification Number by the company to the Registrar
Form 32 (for appointment of signatory added through BO screen) Particulars of appointment of managing director, directors, manager and secretary and the changes among them or consent of candidate to act as a managing director or director or manager or secretary of a company and/ or undertaking to take and pay for qualification shares
Form 21 Notice of the court or the company law board order
Form FTE Application for striking off the name of company under the Fast Track Exit (FTE) Mode

(c)  Filing by Directors of defaulting Companies in respect of Companies having the status as active in progress companies

DIN-3 Intimation of Director Identification Number by the company to the Registrar
Form 32 (for appointment of signatory added through BO screen) Particulars of appointment of managing director, directors, manager and secretary and the changes among them or consent of candidate to act as a managing director or director or manager or secretary of a company and/ or undertaking to take and pay for qualification shares
Form 2 Return of allotment
Form 3 Particulars of contract relating to shares allotted as fully or partly paid-up otherwise than in cash
Form 5 Notice of consolidation, division, etc. or increase in share capital or increase in number of members
Form 21 Notice of the court or the company law board order
Form 23 Registration of resolution(s) and agreement(s)
Form 61 Form for filing an application with Registrar of Companies
Form 23AC Form for filing balance sheet and other documents with the Registrar
Form 23ACA Form for filing Profit and Loss account and other documents with the Registrar
Form 20B Form for filing annual return by a company having a share capital with the Registrar
Form 21A Particulars of annual return for the company not having share capital
Form 66 Form for submission of compliance certificate with the Registrar
Form 23 B Information by Auditor to Registrar
Form FTE Application for striking off the name of company under the Fast Track Exit (FTE) Mode

3. This circular shall be effective from 18th Sept, 2011.

Yours faithfully,

-Sd/- (Monika Gupta)

Assistant Director

Copy to:

1. All concerned

2. PS to CAM and PS to MOS

3. PPS to Secretary, Additional Secretary, Joint Secretaries

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Category : Company Law (3490)
Type : Circulars (7563) Notifications/Circulars (30688)

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