Corporate Updates 23 May 2014

MCA: 

MCA has issued much awaited notifications relating to delegation of its power and functions vested in under the provisions of the various Section of Companies Act, 2013 to the Regional Directors & Registrar of Companies situated at various places. All these delegation are at par with the delegations made to the Regional Director / Registrar of Companies in the Companies Act, 1956. Further the Central Government may revoke such delegation of powers or may itself exercise the powers under the sections, if in its opinion such a course of action is necessary in the public interest, namely.

Powers delegated to Regional Director at Mumbai, Kolkata, Chennai, Noida, Ahmedabad, Hyderabad and Shillong :
(a) clause (ii) of sub-section (4) of section 8 (conversion of Section 8 Company into another Company);
(b) Sub-section (6) of section 8; (Power to revoke License)
(c) sub-sections (4) and (5) of section 13; (Shifting of Registered Office from one State to another)
(d) section 16; (Rectification of Name)
(e) section 87; (Rectification in Register of Charges)
(f) sub-section (3) of section 111;(Circulation of Member’s Resolution)
(g) sub-section (1) of section 140; (Removal of Auditors) and
(h) proviso (i) to sub-section (1) of section 399. (Inspection of Documents)

Powers delegated to Registrar of Companies :
(a) sub-section (2) of section 4; (To check the Name is not identitical, resemble or undesirable)
(b) sub-section (1) of section 8; (to issue License for Section 8 Company)
(c) clause (i) of sub-sectlon (4) of section 8, (for alteration of memorandum & articles except for alteration of memorandum in case of conversion into another kind of Company)
(d) sub-section (5) of section 8 (Registration of Company with or without the words Private Limited & Limited in its name); and
(e) sub-section (2) of section 13 (Change of Name of the Company).

Power to the Regional Director, Northern Region, Noida
With respect of allotment of Director Identification Number under sections 153 and 154 of the Act to the Regional Director, Joint Director, Deputy Director or Assistant Director posted in the office of Regional Director at Noida.