General Circular N0.0312015 <\/strong><\/p>\n

F.No.MCA21\/272\/2014<\/p>\n

 GOVERNMENT OF INDIA <\/p>\n

MINISTRY OF CORPORATE AFFAIRS <\/p>\n

5th Floor, \u2018A’ Wing Shastri Bhawan,<\/p>\n

 Dr. R.P. Road, <\/p>\n

New Delhi <\/p>\n

Dated: 03rd March 2015 <\/p>\n

 <\/p>\n

 <\/p>\n

To <\/p>\n

All Regional Directors, <\/p>\n

All Registrars of Companies,<\/p>\n

 All Stakeholders. <\/p>\n

Subject: Clarification relating
\nto filing of e-form DIR-11 & DIR-12 under the Companies Act, 2013-
\nregarding. <\/p>\n

Sir, <\/p>\n

This Ministry has received
\nseveral representations about the difficulties faced by stakeholders due to
\ndeactivation of Digital Signature Certificate (DSC) following en masse
\nresignation of all the directors of a company before appointment of new
\ndirectors in their places. The difficulty arises because of automatic
\ndeactivation of DSC on filing of DIR-11 (Notice of resignation of a director to
\nthe Registrar) by the resigned\/resigning Director(s), and none of the new
\nDirector’s details having been filed. As a result, form DIR-12 (Particulars of
\nappointment of directors and the key managerial personnel and the changes among
\nthem) cannot be filed by a company due to lack of an authorized signatory
\nDirector. <\/p>\n

2. In order to enable the filing
\nof such e-forms and till an alternative mechanism is put in place in MCA21
\nsystem, it is clarified that the Registrar of Companies within their respective
\njurisdictions are authorized, on request from the stakeholders, and after due
\nexamination, to allow any one of the resigned director who was an authorized
\nsignatory Director for the purpose of filing DIR-12 only along with additional
\nfees, as applicable and subject to compliance of other provisions of Company
\nAct, 2013.<\/p>\n

3. This issue with the approval
\nof Secretary, MCA<\/p>\n

 <\/p>\n

Yours Faithfully, <\/p>\n

(KMS Narayannan)<\/p>\n

Assistance director
\n(Policy)<\/p>\n

Ph.23387263<\/p>\n","protected":false},"excerpt":{"rendered":"

General Circular N0.0312015 F.No.MCA21\/272\/2014  GOVERNMENT OF INDIA MINISTRY OF CORPORATE AFFAIRS 5th Floor, \u2018A’ Wing Shastri Bhawan,  Dr. R.P. Road, New Delhi Dated: 03rd March 2015     To All Regional Directors, All Registrars of Companies,  All Stakeholders. Subject: Clarification relating to filing of e-form DIR-11 & DIR-12 under the Companies Act, 2013- regarding. Sir, … Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_uag_custom_page_level_css":"","_mi_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[6],"tags":[128],"class_list":["post-1407","post","type-post","status-publish","format-standard","hentry","category-company-law","tag-dir"],"yoast_head":"\n