MCA eases Director appointment filing requirements
In case of the entire board resigning from a company, the statutory filing about details of new directors' appointment can be made by one of the directors who has quit, according to the Ministry of Corporate Affairs.
The relaxation would help address difficulties faced by stakeholders, especially when all directors of a company resign from the board to make way for appointment of new people, in their place.
Statutory filings under the Companies Act are submitted to the Ministry through MCA 21 portal. In case a directorresigns, his or her Digital Signature Certificate (DSC) is de-activated.
DSC is automatically de-activated once an individual files DIR-11 form -- which is resignation notice of a director to the Registrar of Companies.
"...The Registrar of Companies within their respective jurisdictions are authorised, on request from the stakeholders, and after due examination, to allow any one of the resigned director who was an authorised signatory director for the purpose of filing DIR-12 only along with additional fees," the Ministry said in a circular dated March 3.
DIR-12 filing is made to furnish particulars of appointment of directors and the key managerial personnel as well as the changes among them. The same cannot be filed if there is no authorised signatory director at the particular company.
This arrangement would be in place till an alternative mechanism is put in place in MCA 21 system, it added.
The clarification follows several representations about difficulties faced by stakeholders due to DSC de-activation when there is en-massed resignation of all directors before appointment of new people in their places.
Corporate Affairs Ministry is implementing the Companies Act.
Category : Companies Act | Comments : 0 | Hits : 875
Get Free Daily Updates Via e-Mail on Income Tax, Service tax, Excise and Corporate law
- Income Tax Dept serves notices to salaried individuals for documentary proof to claim exemptions
- Bank Branch Audit 2021 - Update on allotment of Branches
- Bank Branch Audit 2020 Updates
- Bank Branch Audit 2021 Updates
- Bank Branch Audit 2020 - Update on Allotment of Branches
- Police Atrocities towards CA in Faridabad - Its Time to be Unite
- Bank Branch Statutory Audit Updates 2019
- Bank Branch Statutory Audit Updates
- Bank Branch Audit 2022 Updates
- Bank Branch Statutory Audit Updates
- NFRA Imposes Monetary penalty of Rs 1 Crore on M/s Dhiraj & Dheeraj
- ICAI notifies earlier announced CA exam dates despite pending legal challenge before SC
- NFRA debars Auditors, imposes Rs 50 lakh penalties for lapses in Brightcom, CMIL cases
- GST Important Update - Enhancement in the GST Portal
- NFRA Slaps Rs 5 lakh Penalty on Audit Firm for lapses in Vikas WSP Audit Case
- CBDT extends due date for filing Form 10A/10AB upto 30th June, 2024
- RBI comes out with FEMA regulations for direct listing on international exchange
- RBI directs payment firms to track high-value, fishy transactions during elections
- NCLT orders insolvency proceedings against Subhash Chandra
- Income Tax dept starts drive to dispose of appeals, 0.54 million at last count
- Payment of MCA fees –electronic mode-regarding
- Budget '11-12' Parliament Completes Approval Exercise
- Satyam restrained from operating its accounts
- ICICI a foreign firm, subject to FDI norms: Govt
- Maha expects Rs 15 crore entertainment tax revenue from IPL
- CAG blames PMO for not acting against Kalmadi
- No service tax on visa facilitators: CBEC
- Provision of 15-minutes reading and planning time allowance to the candidates of Chartered Accountants Examinations
- Companies Bill to be taken up in Monsoon Session
- File Service Tax Return in time as Maximum Penalty increased 10 times to Rs. 20000

Comments