25 August 2010
I was a Director of a company registered in Chennai which was sold to a group of persons about 10 years back, who in turn sold it to another group of persons. The Company had not filed its Annual Return and other Documents as required by ROC. Meanwhile, I have received a notice from ROC for non-compliance for non filing of the requisite documents with ROC. Currently, the ROC web site shows the name of 3 Directors (my name is not there). (i) Can the current Directors of the Company file Form 32 on the current date which shows that I had resigned from Directorship about 10 years back? (ii) If yes, what is the procedure and what is the fine / penalty that is to be paid? (iii) Also, who is liable to pay the fine / penalty?
25 August 2010
Form 32 is to filed w.e.f back date on which you have resigned. Which it filed current date with penalty and fine. Now upto 31st August , there is CLSS 2010 scheme under which 75% penalty is waived if you filed documents before 31August. Hurry up and file it before 31st Aug.
25 August 2010
i) Yes, Form 32 can be filled the at current date but for that your DIN will be required so apply for the one if u dont have & than file the Form 32 with ROC.
ii) As now ther eis electonic filing u just have to fill the Form 32 & upload on site
iii) It is the liability of COmpany to file the Form. Maximum penalty is 5000 but if u file it before 30th August than u will get 75% off i.e. fee payale for the filing form is 1250+500=1750
25 August 2010
What is Company Law settlement Scheme, 2010 (CLSS), 2010? "Company Law Settlement Scheme, 2010" is a scheme to give opportunity to the defaulting Companies to enable them to make their default good by filing belated documents and to become a regular compliant in future. Refer General Circular No 1/2010 available on MCA portal When is the last date ? The Scheme shall remain effective up to 31st August, 2010.
What are the benefits available under CLSS, 2010? Under the scheme, for the belated documents, the Company shall pay statutory filing fees as prescribed under the Companies Act and rules made there under along with an additional fee of 25 percent of the actual additional fee i.e. there shall be a waiver of 75% of the actual additional fee.
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