Clarification on Circular No. 33/ 2011 dated 01.06.2011 regarding non-admissibility of documents of Companies defaulting in filing Annual Accounts

Circular No. 38 / 2011; GOI; MCA; Dated 20.06.2011

All the Regional Directors, All the Registrar of Companies / Official Liquidators; The Stakeholder

Sub: Clarification on Circular No. 33/ 2011 dated 01.06.2011 with regard to compliance of provisions of the Companies Act, 1956 and Rules made there under

The Ministry has issued General Circulars No. 33/ 2011 dated 01.06.2011 wherein it was informed that in order to ensure corporate governance and proper compliances of provisions of Companies Act, 1956, 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 Sheet and Profit & Loss Accounts.

In order to have better understanding of the circular, it is further clarified that the above circular shall be applicable to those defaulting companies and their Directors which have not filed Balance Sheet or Annual Return for any of the financial year™ s 2006-07, 2007-08, 2008-09 and 2009-10 with the Registrar of Companies as required under sections 220 and/ or 159 of the Companies Act, 1956. It is again reiterated that the above circular shall be effective from 3rd  July, 2011.

Yours faithfully,

Monika Gupta

Assistant Director

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