Updates

CS Ankur Srivastava (Company Secretary & Compliance Officer)   (17853 Points)

26 July 2011  

 

 

Simplified procedure for obtaining online approval of Central Government under

 

Section 297 of the Companies Act, 1956.


With effect from 24th September, 2011 the process of online approval of Central Government under section 297 of the Companies Act, 1956 is likely to be implemented.


According to new procedure, application will be made in a new e-form with the prescribed fee. The relevant information like terms of contract and details of Board resolutions and special resolutions shall be captured in the e-form. The e-form shall also be certified by the practicing professional who shall specifically certify the correctness of the information and declarations given by the company in the e-form.


The application will be processed online and approval of Central Government shall also be made available to the applicant company online on the basis of declarations made by the company and certifications by the professionals given in the e-form.


If any of the information or declaration given by the company or certificate given by the professional in the e-form is found to be wrong, then the applicant company, its Directors and professional shall be liable for penal action under section 297 and 628 of the Companies Act, 1956 in addition to penal action prescribed in regulations of the respective professional institutes.