15 February 2023
One of our companies is under cirp process and the order dated is 19.10.2022. But unfortunately we have not filed the order with roc within 30 days, as per IBC code, 2016.
Kindly advise the procedure to file the same URGENTLY.
07 July 2024
When a company is under the Corporate Insolvency Resolution Process (CIRP) as per the Insolvency and Bankruptcy Code (IBC) 2016, it is crucial to comply with all statutory requirements within the specified timelines. Filing the CIRP order with the Registrar of Companies (ROC) is one such requirement. Here’s what you should do to rectify the delay and file the CIRP order urgently:
1. **Prepare the Necessary Documents**: - Obtain a certified copy of the CIRP order from the National Company Law Tribunal (NCLT) where the order was issued. - Gather any other documents or forms required by the ROC for filing.
2. **Form INC-28 Submission**: - File Form INC-28 with the ROC. This form is used for filing the order issued by the NCLT with the ROC. It must be filed within 30 days from the date of receipt of the order. - Ensure that the form is filled out accurately and completely, providing all necessary details as per the instructions provided in the form.
3. **Penalty and Consequences**: - Since there has been a delay beyond the 30-day period, you may be liable for penalties or late fees. The ROC may also have provisions for condonation of delay under certain circumstances, but this would typically require additional filings and explanations for the delay.
4. **Consult Legal Counsel**: - If there are complexities or uncertainties regarding the filing process or consequences of the delay, it is advisable to consult with legal counsel who specializes in corporate law and insolvency matters. - They can guide you through the specific requirements, help prepare the necessary documentation, and ensure compliance with the ROC’s procedures.
5. **Follow-up with ROC**: - After submission, monitor the status of your filing with the ROC. Follow up promptly on any queries or additional documentation requests they may have to expedite the processing of your filing.
By taking these steps promptly, you can rectify the delay in filing the CIRP order with the ROC and ensure compliance with the regulatory requirements under the IBC 2016.
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