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Proposed guidelines for strike off name u/section 560 of the Companies Act, 1956 of companies (non profit companies) which have been granted license u/s 25 of Companies Act, 1956 By 15th July – The Ministry has been receiving representation from various stakeholders to develop a procedure for strike off name under section 560 of the Companies Act, 1956 of companies (non profit companies) which have been granted license under section 25 of the Companies Act, 1956. There are a number of section 25 companies which have not done any activity after obtaining license under section 25 or have stopped such activities, and now want to strike off their name under section 560 of the Companies Act, 1956.
It is noticed that a large number of e-forms filed by the companies with the ROCs prior to implementation of revised regulation 17 of the Companies Regulation, 1956 (i.e. 15.02.2009) are still pending in folders like RESUB, PUCL etc. for want of action on the part of stake holders. Unless the companies respond to this, ROC’s are unable to process the said forms.
The Registrar of Companies are hereby advised that after the date of implementation of Digital Certificates, no certificates shall be issued manually. All such pending certificates which are required to be issued manually, should be issued by 30th June, 2011.
GENERAL CIRCULAR NO. 39/2011, DATED 21-6-2011- The Ministry has issued a General Circular No. 29/2011, dated 20-5-2011 wherein it was informed that in order to cut timelines and an another step towards ‘Green Initiative’ it has been decided that all certificates and standard letters issued by the Registrar of Companies will now be issued electronically under the Digital Signature of the Registrar of Companies.
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.
In exercise of the powers conferred by sub-sections (1), (2), (5) and (8) of Section 25 and Sub-section (2) of Section 609 of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following Regulations further to amend the Companies Regulations, 1956, namely -These Regulations may be called the Companies (Amendment) Regulations, 2011.
. In the Companies Regulations, 1956, 1. In Regulation 2, after clause I the following clause shall be substituted, namely:- (d) ‘ Regional Director’ means the person appointed by the Central Government in the Ministry of Corporate Affairs as a Regional Director for the respective regions as under:-
55. Gujarat Industrial Investment Corporation Limited. 56. Andhra Pradesh Industrial Development Corporation Limited. 57. Karnataka Urban Infrastructure Development and Finance Corporation Limited. 58. L&T Infrastructure Finance Company Limited.
In supersession of this Ministry’s Circular No. 9/2011, dated 31-3-2011 and 25/2011 dated 12-5-2011, Ministry of Corporate Affairs hereby mandated certain class of companies to file Balance sheets and Profit and loss Account along with Director’s and Auditor’s Report for the year 2010-11 onwards by using XBRL taxonomy. The Taxonomy Business Rules, Validity tools etc. required for preparation the above documents in XBRL format as the existing Schedule VI and Accounting Standards notified under the Companies (Accounting Standards) Rules, 2006 have been prepared and hosted on the website of the Ministry at www.mca.gov.in . The Frequently Asked Questions (FAQs) about XBRL have been framed by the Ministry and they are being annexed as Annexure I with this circular for the information and easy understanding of the stakeholders. To enable filing on XBRL by stakeholders, MCA-21 portal will have XBRL filing module by July, 2011. Actual date will be informed separately.
In order to provide regular route for fast track exit by defunct company, for getting its name struck off from the register of companies, Ministry of Corporate Affairs (MCA) has decided to modify the existing route through e-form 61 and has introduced Fast Track Exit mode for defunct companies under section 560 of the Companies Act, 1956. This scheme is launched to give an opportunity for fast track exit by a defunct company, for getting its name struck off from the register of companies. Such companies may make an application to the Ministry of Corporate Affairs in the eForm FTE, accompanied by filing fee of Rs. 5,000/-
