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CLARIFICATION REGARDING FILING OF FORMS IN REGISTRY MCA-21 BY IRP OR RP OR LIQUIDATOR
Filing of forms by Insolvency Professional with the Mca
Filing of forms in the Registry (MCA-21) by the Insolvency Professional (Interim Resolution Professional (IRP) or Resolution Professional (RP) or Liquidator) appointed under Insolvency Bankruptcy Code, 2016 (IBC), 2016
MINISTRY OF CORPORATE AFFAIRS vide General Circular No. O8/2O2O dated 06.03.2020, has issued clarification for statutory compliances in respect of companies under Corporate Insolvency Resolution Process (CIRP).
This Circular is in supersession of earlier Circular No.O4 /2O2O dated, 17.02.2020 (http://www.mca.gov.in/Ministry/pdf/Circular_17022020.pdf)
Following clarification has been issued for statutory compliances in respect of companies under Corporate Insolvency Resolution Process (CIRP):
- The IRP/ RP/ Liquidator would have to first file the NCLT order approving him as the IRP/ RP/ Liquidator in Form INC-28 by selecting the drop down box in field 5(a)(iii) by selecting the appropriate section of IBC 2O16
- The IRP/ RP/Liquidator while affixing his DSC, shall choose his designation as “CEO’ in the declaration box for the purpose of filing only and choose “Others” from the Drop down Menu.
- The Master Data for change in the status of the company from “Active”/ “Inactive” to CIRP/ Liquidation or CIRP/Liquidation to “Active” shall be effected on the basis of Formal Change Request Form submitted by IBBI to e-governance Cell, MCA(HQ).
- The IRP/ RP/ Liquidator shall be responsible for filing all the e-forms in the MCA portal and sign the form in the capacity of CEO in order to meet filing protocol in the existing forms architecture.
- All filings of e-forms including AOC-4 and MGT-7 shall be filed through e-form GNL-2 by way of attachments till the company is under CIRP. In the existing field no.3 of form no.GNL-2, IRP/ RP/ Liquidator will choose radio button “Filings under IBC”.
- Against date of event and Board Resolution in INC-28 and GNL-2, date of order of NCLT/NCLAT/Court may be mentioned.
- In respect of companies which are marked under CIRP in the Registry, Annual Return (e-form No.MGT-7) and Financial Statement (e-form AOC-4) and other documents under the provisions of the Companies Act, 2013, in accordance with directions issued by the NCLT/ NCLAT/Courts, shall be filed as attachments with e-form GNL-2 against the payment of one time normal fee only, till such time the company remains under CIRP. Separate GNL-2 forms shall be filed for each such document, by the IRP/RP.
- Concerned IRP/RP of every company which was under CIRP prior to the issue of this circular, shall also file e-form INC-28 for such companies and thereafter proceed to file other documents/fact/ information as required under the Act and Rules there under through e-form GNL-2.
IN NO EVENT THE AUTHOR SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS INFORMATION.