MCA
vide General Circular No. 03/2015 has come out with Clarification
relating to filing of e-form DIR-I1 & DIR-12 under the
Companies Act, 2013.
Ministry
had received several representations about the difficulties faced by
stakeholders due to deactivation of Digital signature certificate (DSC)
following en masse resignation of all the directors
of a company before appointment of new directors in their
of a company before appointment of new directors in their
places. The difficulty arose because of automatic deactivation of DSC on filing of DIR-11 by the resigned/resigning Director.
ln
order to enable the filing of such e-forms and till an altemative
mechanism is put in place in MCA21 system, it has been clarified that
the Registrar
of Companies within their respective jurisdictions are authorized, on
request from the stakeholders, and after due examination, to allow any
one of the resigned director who was an authorized signatory Director
for the purpose of filing DIR-12 only along with additional fees, as
applicable and
subject to compliance of other provisions of Companies Act 2013.
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