Annual filing by companies incorporated under the Companies Act, 1956/2013 for financial year 2016-17:

GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
OFFICE OF THE REGISTAR OF COMPANIES
RoC-Delhi

Dated: 04-10-2017

Dear Sir/Madam,

Subject: Annual filing by companies incorporated under the Companies Act, 1956/2013 for financial year 2016-17

1.As you are aware, Companies are statutorily required to file Annual Return and Financial Statements every year. These filings account for approximately 50% of the total filings done during the year. It is observed that bulk of annual filings is being done during the months of October and November. To avoid last minute rush and system congestion in MCA21 during the month of October and November 2017, you are requested to file your returns without waiting for the last date.

2.In case your company has already filed the relevant forms as above, please ignore the mail.

                                                                                                           Yours faithfully
                                                                                                                RoC

Kindly don’t ignore the filing or else it may lead to strike-off as completed in 2 rounds recently.

  • A total of 3,19,637 directors of shell companies stand disqualified
  • There are about 50 companies which had over 400 banks accounts
  • Earlier on September 12, over one lakh directors were disqualified by the ministry.

What section of 164 of companies Act 2013 says ?

  1. Disqualifications for appointment of director

(1) A person shall not be eligible for appointment as a director of a company, if —

(a) he is of unsound mind and stands so declared by a competent court;

(b) he is an undischarged insolvent;

(c) he has applied to be adjudicated as an insolvent and his application is pending;

(d) he has been convicted by a court of any offence, whether involving moral turpitude or otherwise, and sentenced in respect thereof to imprisonment for not less than six months and a period of five years has not elapsed from the date of expiry of the sentence:

Provided that if a person has been convicted of any offence and sentenced in respect thereof to imprisonment for a period of seven years or more, he shall not be eligible to be appointed as a director in any company;

(e) an order disqualifying him for appointment as a director has been passed by a court or Tribunal and the order is in force;

(f) he has not paid any calls in respect of any shares of the company held by him, whether alone or jointly with others, and six months have elapsed from the last day fixed for the payment of the call;

(g) he has been convicted of the offence dealing with related party transactions under section 188 at any time during the last preceding five years; or

(h) he has not complied with sub-section (3) of section 152.

(2) No person who is or has been a director of a company which—

(a) has not filed financial statements or annual returns for any continuous period of three financial years; or

(b) has failed to repay the deposits accepted by it or pay interest thereon or to redeem any debentures on the due date or pay interest due thereon or pay any dividend declared and such failure to pay or redeem continues for one year or more,shall be eligible to be re-appointed as a director of that company or appointed in other company for a period of five years from the date on which the said company fails to do so.

(3) A private company may by its articles provide for any disqualifications for appointment as a director in addition to those specified in sub-sections (1) and (2):

Provided that the disqualifications referred to in clauses (d), (e) and (g) of sub-section

(1) shall not take effect—

(i) for thirty days from the date of conviction or order of disqualification;

(ii) where an appeal or petition is preferred within thirty days as aforesaid against the conviction resulting in sentence or order, until expiry of seven days from the date on which such appeal or petition is disposed off; or

(iii) where any further appeal or petition is preferred against order or sentence within seven days, until such further appeal or petition is disposed off.

 

 
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