MCA vide Circular No. 4/2020 on 17/02/2020 issued a clarification regarding the procedure for filing of forms on MCA by the Insolvency Professional (Interim Resolution Professional (IRP) or Resolution Professional (RP) or Liquidator) appointed under Insolvency Bankruptcy Code, 2016 wherein,
- The IRP/ RP/ Liquidator will have to first file the NCLT order approving him as the IRP/RP/Liquidator in form INC-28 on the MCA21 portal by selecting the option “Others” at serial no. 5(a)(i) from the drop down menu in the form and while affixing his DSC, shall choose his designation as “Others” in the declaration box.
- Accordingly ROC will examine and approve the form or mark it as under re-submission/ rejected category as the case may be.
- After the approval of Form INC 28, the Masterdata of the Company will display that the said company is under CIRP or Liquidation, as the case may be, and the name of the IP in the CEO column as only the IP (lRP/ RP/ Liquidator) will then be allowed to file any form on behalf of the company and will choose his designation as “Chief Executive Officer”(CEO) and be responsible for compliances under Companies Act, 2013.
- The IP will be allowed to file e-forms SH-8 and SH-9 and iXBRL, in his role as CEO instead of the form being signed by two Directors and for e-form MGT-7 the IP will sign the form instead of a Director and thereafter the form would have to be certified by a PCS.
- However unless INC-28 e-form is approved, no other forms would be enabled for filing by the IRP/RP/Liquidator in his role of designated CEO.
- The IRP/RP/Liquidator in his role as designated CEO shall again file e-form INC-28 upon the approval of the resolution plan, initiation of liquidation proceedings or upon withdrawal of the application for CIRP based on which the status of the company would get suitably reflected in the company master data.
- In case, a new Board is required to be appointed, IP will have to give an application to ROC to insert the details of the first authorised signatory of such board wherein the SRN of the relevant e-from INC-28 will be quoted and his authorization for filing documents on behalf of the company will then cease.
It’s also further clarified that in case any order of admission into CIRP or liquidation is stayed or set aside by the Tribunal or Appellate Tribunal or other courts, then such order has to be filed in Form INC-28 by the concerned IP, and the status of the company and the authorization for filing of forms on behalf of company would then change accordingly.
The said Notification can be accessed through the following link:MCACir_4_17022020_Fling of forms by IP or IRP or Liquidator