Jan 2, 2016

Extension of date of annual filing and delegation of power

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Extension of date of annual filing

Due to heavy rains and floods in the State of Tamil Nadu and UT of Puducherry, which has affected the normal life/work, MCA vide general circular no 16/2015 dated December 30th, 2015 has relaxed the additional fees payable for the State of Tamil Nadu and UT of Puducherry on e-forms AOC-4, AOC (CFS) AOC-4 XBRL and e- Form MGT-7 upto 30.01.2016, wherever additional fee is applicable.

Delegation of power

MCA vide notification dated December 31st , 2015 has delegated the power vested in it under section 208 (Report on inspection made) of the Companies Act 2013 for receiving the report from the Registrar (having jurisdiction over the place of registered office of the company concerned) or from the Inspector where such report recommends action for violation of offences under the said Act for which imprisonment of less than two years is provided, (except for violation of offences under Chapter III, IV, section 127, 177 and 178 for which the report shall be received by the Central Government) to the Regional Directors at Mumbai, Kolkata, Chennai, Delhi, Ahmedabad, Hyderabad and Shillong, , subject to the conditions, namely:-

  • On receipt of the report referred aforesaid, the Regional Director –

    (a) shall examine the report and obtain legal advice, if required;

    (b) shall direct initiation of prosecution if he agrees with the recommendation of the Registrar or inspector to initiate prosecution against the company, officers or employees, present or past of the company, or any other person connected with the affairs of the company; and

    (c) shall inform the Central Government (along with reasons for non-acceptance of recommendation of Registrar or Inspector, wherever he disagrees) about the action taken on the report submitted by Registrar or Inspector.

  • The Regional Director shall, on receipt of the report, where such report recommends action for violation of offences other than those specified as aforesaid , examine the same, obtain legal advice, if required, and submit it to the Central Government seeking initiation of prosecution.
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