Tuesday 22 May 2012

W.e.f. 20-05-2012 form no.8, 10 and 17 can be filed even if Annual Forms have not been filed by Cos. General circular no.09/2012 dated 15-05-2012.


SECTION 610 OF THE COMPANIES ACT, 1956 - INSPECTION, PRODUCTION AND EVIDENCE OF DOCUMENTS KEPT BY REGISTRAR - COMPLIANCE OF PROVISIONS OF THE COMPANIES ACT, 1956 AND RULES MADE THEREUNDER - ACCEPTANCE OF SPECIFIED E-FORMS FILED BY DIRECTORS OF DEFAULTING COMPANIES
GENERAL CIRCULAR NO. 09/2012, DATED 15-5-2012
The Ministry had issued general circular no. 33/2011, dated 1-6-2011 wherein it was, inter alia, stated that in order to ensure corporate governance and proper compliances of the provisions of the Companies Act, 1956, it had been decided that 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 sheets and annual returns with the office of the Registrar of Companies. Further, the Ministry has issued General Circular No. 63/2011, dated 6-9-2011, wherein it was stated that in the interest of stakeholders certain event based information/changes were allowed to be filed and accepted by the Registrar of companies from such Defaulting Companies.
2. Now on requests received from various Corporates & Professionals and difficulties experienced by the stakeholders in filing Form No.8 and Form No.10 (for modification of charges under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI), it has now been decided to accept filing of the followings Forms:-
(a)Form No.8 and Form No.10Particulars of modification of charge(s) under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
(b) Form 17Particulars of Satisfaction of Charge(s) from defaulting companies also.
3. This circular shall be effective from 20-5-2012.

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