Powers to Regional Directors

MCA has vide notification dated 19th December, 2016 transferred the following powers to the various offices of Regional Directors.

  1. Section 8(4)(i) – Alteration of the provisions of the memorandum of a section 8 company;
  2. Section 8(6) – Revocation of licence of a section 8 company;
  3. Section 13(4) and (5) – Shifting of registered office from one state to another;
  4. Section 16 – Rectification of name of the company;
  5. Section 87 – Condonation of delay in filing registration, modification and satisfaction of charges;
  6. Section 111(3) – Power to issue order to not issue statement in respect of members’ resolution proposed under that section;
  7. Section 140(1) – Removal of an auditor before expiry of his term;
  8. Section 230(5) – Receipt of notice of meeting called by Tribunal pursuant to a Scheme of compromise or arrangement;
  9. Section 233(2) – To receive copy of the scheme of merger or amalgamation;
  10. Section 233(3) – To register the scheme of merger or amalgamation, if the Registrar or the Official Liquidator has no objections or suggestions to the Scheme and issue a confirmation thereof to the companies;
  11. Section 233(4) – To receive objections or suggestions to the scheme of merger or amalgamation from the Registrar or the Official Liquidator;
  12. Section 233(5)(6) – To file an application before the Tribunal, after receiving the objections or suggestions or for any reason it is of the opinion that the scheme is not in public interest or in the interest of creditors, stating its objections and requesting that the Tribunal may consider the scheme under section 232;
  13. Section 272(3) -first & second proviso – To give sanction to Registrar for presentation of a petition of winding up AND to give sanction only after giving a reasonable opportunity to make a presentation;
  14. Section 348(1) – To give exemption to the company liquidator from filing the statement with respect to the proceedings and the position of the liquidation with the Tribunal;
  15. Section 361 – To order summary winding up of a company, appoint official liquidator as the liquidator of the company; receive a report from the official liquidator including a report whether a fraud has been committed in the promotion, formation, management of affairs of a company; direct further investigation if it is satisfied that a fraud has been committed as above; and order that winding up may be proceeded against the company;
  16. Section 362 – To pass an order for sale of assets on an application made to it by the Official Liquidator;
  17. Section 364 – To receive an appeal filed by the creditor who is aggrieved by the decision of the Official Liquidator; to call for report from Official Liquidator; to either dismiss the appeal or modify the report of the Official Liquidator; to refer the matter, at any stage during the settlement of claims, to the Tribunal for necessary orders;
  18. Section 365 – To receive the final report from the Official Liquidator and to order that the company may be dissolved;
  19. Section 399(1)Proviso (1) – To give permission for electronic inspection or giving certified copies thereof in respect of documents delivered to the Registar with a prospectus under section 26 beyond a period of 14 days from the date of publication of the prospectus;
  20. Section 442 – Mediation and Conciliation panel – maintain a panel of experts; to receive application from parties for referring the matter to the Mediation & Conciliation Panel; to appoint one or more experts from the Panel; to suo moto refer the matter to the Panel; to receive recommendations from the Panel; to accept objections from the parties aggrieved by the recommendations of the Panel

Leave a comment

Filed under Uncategorized

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s