CAIRR Update January 30, 2023

January 30, 2023

Summary of MCA notifications dated 20/01/2023 and NSE and BSE circulars dated 27/01/2023

These notifications are integrated in our free-to-use website ca2013.com.

Key highlights of the amendment are:

Application for removal or disqualification of directors made in form DIR-10 is required to be filed before the Regional Director.

Revision of forms DIR-3, DIR-3C, DIR-5, DIR-6, DIR-8, DIR-9, DIR-10, DIR-11 and DIR-12

1. DIR-3 (Application for allotment of Director Identification Number):

   Facility to obtain details of the applicant from ‘Digilocker’ is enabled in the form. The requirement to attach proof of identity of the applicant has been dispensed with.

2. DIR-5 (Application for surrender of Director Identification Number):
   The form is amended to include the following details:

   – Date of birth and Income tax PAN of the director
   – Mobile number and email ID of the applicant if the applicant is someone apart from the director
   – Date of death/ Date of declaration of unsound mind/ Date of adjudication of insolvency

   The requirement to attach proof of identity and proof of residence is no longer mandatory.

3. DIR-6 (Intimation of change in particulars of Director/ Designated partner to be given to the Central Government):
   
   The applicant is now required to attach the Income Tax PAN, Aadhar number, Voter’s identity card, Passport and Driving License to the form.

4. DIR-9 (Report by the company to Registrar for disqualification of Directors):

   Companies are now required to file form DIR-9 within 30 days of receipt of form DIR-8 from its directors. The form is amended to include reasons of disqualification.
5. DIR-10 (Application for removal of Disqualification of Directors)
   
   The form is amended to include section of Companies Act, 2013 under which the director is disqualified and details of violations/ offences compounded by NCLT/ Court. The requirement to enter details pertaining to nominal and paid-up capital has been dispensed with. Proof of the violations / offences being compounded by NCLT / Court and violations in which default has been made good are required to be attached to the form.

6. DIR-12 (Particulars of appointment of directors and the key managerial personnel and the changes among them)
   
   The requirement to attach the following documents has been done away with:

   – Letter of appointment
   – Declaration by the first director
   – Declaration of the appointee Director in Form DIR-2
   

   Click here to view the MCA Notification on Companies (Appointment and Qualification of Directors) (Amendment) Rules, 2023

Revision of forms MSC-1, MSC-3 and MSC-4 under Companies (Miscellaneous) Amendment Rules, 2023 w.e.f. 23/01/2023

1. MSC-1 (Application to ROC for obtaining the status of dormant Company):
   The form is amended to include additional information such as the following:
   – Date of approval/ NOC from regulator for obtaining status of dormant company
   – Date on which last financial statements and annual return was filed
   – Date on which last significant accounting transaction was made and nature of such transaction

   The requirement to attach the following documents has been done away with:
   – Statement of affairs of the Company duly certified by a Chartered Accountant or the Auditors of the Company
   – Consent of lender in case of an outstanding loan
   – Certificate stating that there is no dispute in management or ownership of the Company

2. MSC-3 (Return of dormant companies)

   The form is amended to include the following details:
   – Directors and Key Managerial Personnel as on closure of the financial year
   – Break-up of paid-up share capital

   The requirement to file copy of board resolution authorizing to file the form is dispensed with.

3. MSC-4 (Application for seeking status of active company)
   The form is amended to include compliance related details such as non-compliance of any condition of Dormant company and the date of such non-compliance. The requirement to file copy of board resolution authorizing to file the form is dispensed with.