Fee for condonation in respect of filing of Form No. 25C belatedly with  Registrar of Companies–Charging of additional fee

General Circular No. 15/2002

No.1/2/2002-CL.V

No.12/1/2002-CL.VII

Government of India

Ministry of Law, Justice and Company Affairs

Department of Company Affairs

5th floor, `A’ Wing,  Shastri Bhavan,

Dr. R.P. Road, New Delhi.

Dated:  17.6.2002

To

All Regional Directors

All Registrars of Companies

Subject: Fee for condonation in respect of filing of Form No.25C belatedly with the Registrar of Companies-Charging of additional fee.

Sir,

Section 269 of the Companies Act, 1956 stipulates that no appointment of managing or whole-time director or a manager in a public company or a private company which a subsidiary of a public company shall be made except with the approval of the Central Government unless such appointment is made in accordance with the conditions specified in Parts I and II of Schedule XIII to the Companies Act.  Every application seeking approval to the appointment of a managing or whole-time director or a manager is required to be made to the Central government within a period of ninety days from the date of such appointment.

2. If an appointment of a managing or whole-time director or a manager is made in accordance with the conditions specified in parts I and II of Schedule XIII to the Companies Act, a return in Form No.25C is required to be filed with the concerned Registrar of Companies within ninety days from the date of such appointment.  A doubt was raised as to whether filing of Form No.25C belatedly would attract section 637B(b) of the Companies Act. The Department after careful consideration has come to the conclusion that section 637B(b) of the Companies Act will not be attracted. Since Form No.25C is a document, any delay in filing the same with the Registrar of Companies falls within the ambit of section 611 of the Companies Act. Therefore, in such cases Registrars of Companies shall charge additional fee on Form No.25C filed belatedly at the rate standardized vide Press Note No.2/95 [No.14/3/87-CL.V, Vol.III dated 21st March, 1995].

3. Managerial Remuneration Section and all Registrars of Companies are requested to take necessary action accordingly.

Yours faithfully,

(E. Selvaraj)

Joint  Director (Trg)

[Tel. No. 3389263]

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