Tuesday, 14 February 2012

Filing of conflicting returns by contesting parties – clarification regarding

MCA Circular – February 10, 2012:

We draw your attention to the MCA General Circular no 1/2012 dated February 10, 2012.


This circular is applicable to all the Companies Registered under the Companies Act 1956 and this circular is addressed to all the Regional Directors and to all the Registrars of Companies.

Purpose of this Circular:

This circular has been brought in to regulate the conflicts arising during the filing of returns with regard to Appointment or Change of Directors. As in few cases it has been noticed that the consent with regard to the removal/ resignation/ change of the Director is not attached or due process of law has not been followed.  

Crux of this circular:

-    As said above in order to remove these conflicts the company is required to mandatorily file the attachment relating to the cause of cessation/ change and all other supporting documents along with form 32 with the concerned ROC.

-    In case any of any aggrieved director with regard to his cessation in the Company he may file a complaint in the Investor Complaint Forum and the ROC will mark the Company as having ‘Management dispute.’ Until the dispute between the Company and the Director is resolved by an order/ interim order from a Court/ Tribunal of the Competent jurisdiction the forms filed by the Company / the Director will not be approved/ registered / recorded.

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