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May 2011

Delegation u/s. 637 of the Companies Act by the Central Government of its powers and functions under Act — Powers and functions delegated to Registrars of Companies for specified provisions of the Act — Supersession of Notification G.S.R. No. 506(E), dated 24-6-1985.

By Sejal Vasa | Company Secretary
Reading Time 3 mins
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The Central Government vide Notification [F.No. 5/07/2011-Cl-V], dated 17-3-2011 has delegated to the Registrars of Companies, the powers and functions of the Central Government under the following provisions of the Companies Act, namely:

  • Section 21 pertaining to Change of Name of Company.
  • Section 25 pertaining to Power to dispense with ‘Limited’ in name of Charitable or Other Company.
  • Proviso to Ss.(1) of section 31 pertaining to change in the articles having effect of converting a public company into a private company.
  • Ss.(1D) of section 108 relating to extension of period within which instrument of transfer is to be submitted to the company.
  • Section 572 relating to change of name of a company seeking registration under Part IX of the Companies Act.

Powers and functions delegated to the Regional Directors for specified provisions of the Act — Supersession of Notification G.S.R. No. 288(E), dated 31-5-1991.

The Central Government vide Notification dated 17-3-2011, F. No. 5/07/2011-CL-V has delegated to the Regional Directors at Mumbai, Kolkata, Chennai, Noida and Ahmedabad, the powers and functions of the Central Government under the following provisions of the said Act, namely:

  • Section 22 relating to rectification of name of the company.
  • Ss.(3), (4), (7) and clause (a) of Ss.(8) of section 224 relating to the appointment, remuneration and removal of auditors in certain cases.
  • Proviso to section 297(1) Proviso relating to approval of the Central Government for contracts by a company with certain parties where paid up share capital of the company is not less than Rs. one crore.
  • Section 394A pertaining to notice to be given of for applications u/s. 391 for compromise or arrangements with creditors and members and section 394 for reconstruction and amalgamation of companies.
  • Section 400 relating to notice to be given of applications under sections 397 and 398 for relief in cases of oppressions and mismanagement.
  • Second proviso to Ss.(5) of section 439 and Ss.(6) of the said section relating to applications for winding up.
  • Clause (a) of Ss.(1) of section 496 and Clause (a) of Ss.(1) of section 508 relating extension of time for calling general meeting of company and of the creditors of the company by the liquidator at end of each year.
  • Ss.(1) of section 551 relating to exemption from filing information as to pending liquidations.
  • Clause (b) of Ss.(7) of section 555 and the proviso to clause (a) of Ss.(9) of the said section relating to certain powers regarding unpaid dividends and undistributed assets to be paid into the Companies liquidation Account and claims in respect thereof.
  • Provisos to Ss.(1) of section 610 relating to inspection, production and evidence of documents delivered to the Registrar with prospectus; and
  • Section 627 relating to production and inspection of books where offences suspected.

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