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Form 8, 10 and 17 can be filed even for Defaulting Companies

F.No.17/146/2011-CLV

General Circular No.09/2012

Government of India

Ministry of Corporate Affairs

5th  Floor, Shastri Bhavan,

Dr. R.P. Road, New Delhi-110001.

Dated:  15th  May 2012

To

All Regional Directors,

All Registrar of Companies,

Subject: Compliance of the provisions of Companies Act, 1956 and the Rules made there under.

Sir,

The Ministry had issued general circular no. 33/2011 dated 01/06/2011 wherein it was, inter alia, stated that in order to ensure corporate governance and proper compliances of the provisions of the Companies Act, 1956, it had been decided that 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 sheets and annual returns with the office of the Registrar of Companies. Further, the Ministry has issued General Circular No. 63/2011 dated 06.09.2011, wherein it was stated that in the interest of stakeholders certain event based information /changes were allowed to be filed and accepted by the Registrar of companies from such Defaulting Companies.

2. Now on requests received from various Corporates & Professionals and difficulties experienced by the stakeholders in filing Form No.8 and Form No.10 (for modification of charges under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFESI), it has now been decided to accept filing of the followings Forms:-

a)   Form No.8 and Particulars of modification of charge(s) under
    Form No.10 Securitisation and Reconstruction of Financial Assets
      and Enforcement of Security Interest Act, 2002.
b)   Form 17 Particulars of Satisfaction of Charge(s) from defaulting
      companies also.

 

3.   This circular shall be effective from 20.05.2012.

Yours faithfully,

 

Sd/-

 

(U.C.NAHTA)

Director (Inspection & Investigation)

Copy to:

  1. All concerned
  2. PS to CAM and PS to MOS
  3. PPS to Secretary, Additional Secretary, Joint secretaries.
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