Circular issued by Ministry of Corporate of Affairs Dated 01st Jun, 2010 on compliance of provisions of Companies Act, 1956 and Rules made there under (effective from 3rd July, 2011).
If any Companies makes default in submission of their updated Balance Sheet and Profit & Loss a/c and Annual Return, no request, whether oral, in writing or through e-form, for recording any event bansed information/ changes (except form 32, Form 20B, Form 21A, Form DIN-3, Form 21, form 23AC & 23ACA, Form 1 INV, Form 23B, Form 66, Form related to Cost Audit Branch, Investor Complaint Form) shall be accepted by the registrar of Companies untill the default continue.
and it may be further noted that:
(a) No e- filling shall be accepted by the Registrar of the Companies from Directors of
these defaulting companies for any other companies also.
(b) Companies Secretaries and Auditors of these companies will also not be allowed to sign and certify the filing with MCA-21 system, in respect of these defaulting Companies, till the defect is rectified.
(c) Member of ICAI, ICSI and ICWAI must not issue any certificates to such defaulting companies other than form 32, Form 20B, Form 21A, Form DIN-3, Form 21, form 23AC & 23ACA, Form 1 INV, Form 23B, Form 66, Form related to Cost Audit Branch, Investor Complaint Form e-forms.
(d) Action will be taken against the defaulting companies and their directors/ officers in
defualt in co-ordination with RBI and SEBI.
(e) This circular will not apply to such companies where the Balance Sheet and Annual Return could not be filed due to order of court/ company law board or any other competent authority and concerned ROC has marked this company as having management dispute.
Find attached Circular or find the link http://mca.gov.in/Ministry/pdf/Circular_34-2011_02jun2011.pdf
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