Revised annual filing e-form 23ac/23aca
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
03 January 2013
HOW CAN I REVISE E-FORM 23AC/23ACA..PLEASE TELL ME THE PROCEDURE.
03 January 2013
Hi
No, you can not file Revised Form-23AC & ACA with ROC.
No, you can not file Revised Form-23AC & ACA with ROC.
03 January 2013
General Circular No: 1/2003
No.17/75/2002-CL.V
Government of India
Ministry of Finance and Company Affairs
Department of Company Affairs
5th floor, `A' Wing, Shastri Bhavan,
Dr. Rajendra Prasad Road, New Delhi-110 001.
Dated: 13th January, 2003
To
All Regional Directors
All Registrars of Companies
Subject:- Reopening/revision of annual accounts after their adoption in the annual general meeting.
.....
Sir,
In partial modification of earlier view on re-opening/revision of annual accounts, this Department had clarified in 1987 that a company could reopen and revise its accounts even after their adoption in the annual general meeting in order to comply with technical requirements of taxation laws and further adopt the revised annual accounts in the subsequent annual general meeting and file with the Registrar of Companies.
2. Recently it has come to notice of the department that insurance companies, pursuant to directions for revision of accounts by Insurance Regulatory and Development Authority (IRDA) are required to reopen their accounts.
3. It is hereby clarified that a company could reopen and revise its accounts even after their adoption in the annual general meeting and filing with the Registrar of Companies in order to comply with technical requirements of any other law to achieve the object of exhibiting true and fair view. The revised annual accounts would be required to be adopted either in the extraordinary general meeting or in the subsequent annual general meeting and filed with the Registrar of Companies.
Yours faithfully,
(E. Selvaraj)
Joint Director (T)
(Ph: 2338 3452)
General Circular No: 1/2003
No.17/75/2002-CL.V
Government of India
Ministry of Finance and Company Affairs
Department of Company Affairs
5th floor, `A' Wing, Shastri Bhavan,
Dr. Rajendra Prasad Road, New Delhi-110 001.
Dated: 13th January, 2003
To
All Regional Directors
All Registrars of Companies
Subject:- Reopening/revision of annual accounts after their adoption in the annual general meeting.
.....
Sir,
In partial modification of earlier view on re-opening/revision of annual accounts, this Department had clarified in 1987 that a company could reopen and revise its accounts even after their adoption in the annual general meeting in order to comply with technical requirements of taxation laws and further adopt the revised annual accounts in the subsequent annual general meeting and file with the Registrar of Companies.
2. Recently it has come to notice of the department that insurance companies, pursuant to directions for revision of accounts by Insurance Regulatory and Development Authority (IRDA) are required to reopen their accounts.
3. It is hereby clarified that a company could reopen and revise its accounts even after their adoption in the annual general meeting and filing with the Registrar of Companies in order to comply with technical requirements of any other law to achieve the object of exhibiting true and fair view. The revised annual accounts would be required to be adopted either in the extraordinary general meeting or in the subsequent annual general meeting and filed with the Registrar of Companies.
Yours faithfully,
(E. Selvaraj)
Joint Director (T)
(Ph: 2338 3452)
03 January 2013
General Circular No: 5/2010
No.17/75/2010-CL.V
Government of India
Ministry of Corporate Affairs
5th floor, `A' Wing, Shastri Bhavan,
Dr. Rajendra Prasad Road, New Delhi-110 001.
Dated: 22nd November, 2010
To
All Regional Directors
All Registrars of Companies
Subject:- Reopening/revision of annual accounts after their adoption in the annual general meeting.
Sir,
Your attention is drawn to the provisions of section 220 of the Companies Act, 1956 which provide for the manner in which annual accounts (viz balance sheet and profit and loss account etc) are laid before annual general meeting for adoption by shareholders and filed with Registrar. This Ministry, vide General Circular Number 1/2003 (F. No. 17/75/2002) dated 13.01.2003 had directed the grounds and manner in which accounts can be re-opened/ revised by companies and thereafter adopted by shareholders. A copy of such circular is attached.
It has now come to the notice of the Ministry that few companies have been filing their annual accounts under section 220 more than once resulting into filing/availability of more than one such accounts in the Registry for a particular financial year.
The matter has been examined in the Ministry in detail and it has been concluded that keeping in view the provisions of section 220 of the Act read with Ministry’s General Circular 1/2003, a company cannot lay more than one set of annual accounts for a particular financial year unless it has reopened/revised such annual accounts after their adoption in the Annual General Meeting on the grounds specified in Ministry’s circular Number 1/2003.
Accordingly, it is hereby directed that ROCs should keep a watch on such kinds of repeat filings of annual accounts and such accounts should not be accepted except in accordance with provisions of section 220 read with Ministry’s General Circular 1/2003.
Yours faithfully,
(E. Selvaraj)
Director (inspection & Investigation)
(Ph: 2338 4502
No.17/75/2010-CL.V
Government of India
Ministry of Corporate Affairs
5th floor, `A' Wing, Shastri Bhavan,
Dr. Rajendra Prasad Road, New Delhi-110 001.
Dated: 22nd November, 2010
To
All Regional Directors
All Registrars of Companies
Subject:- Reopening/revision of annual accounts after their adoption in the annual general meeting.
Sir,
Your attention is drawn to the provisions of section 220 of the Companies Act, 1956 which provide for the manner in which annual accounts (viz balance sheet and profit and loss account etc) are laid before annual general meeting for adoption by shareholders and filed with Registrar. This Ministry, vide General Circular Number 1/2003 (F. No. 17/75/2002) dated 13.01.2003 had directed the grounds and manner in which accounts can be re-opened/ revised by companies and thereafter adopted by shareholders. A copy of such circular is attached.
It has now come to the notice of the Ministry that few companies have been filing their annual accounts under section 220 more than once resulting into filing/availability of more than one such accounts in the Registry for a particular financial year.
The matter has been examined in the Ministry in detail and it has been concluded that keeping in view the provisions of section 220 of the Act read with Ministry’s General Circular 1/2003, a company cannot lay more than one set of annual accounts for a particular financial year unless it has reopened/revised such annual accounts after their adoption in the Annual General Meeting on the grounds specified in Ministry’s circular Number 1/2003.
Accordingly, it is hereby directed that ROCs should keep a watch on such kinds of repeat filings of annual accounts and such accounts should not be accepted except in accordance with provisions of section 220 read with Ministry’s General Circular 1/2003.
Yours faithfully,
(E. Selvaraj)
Director (inspection & Investigation)
(Ph: 2338 4502
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