DELAYED FILING OF ROC FORM FOR APPOINTMENT OF RP

Hi Kavita,

Here’s a quick rundown on your queries regarding Delayed Filing of ROC Form for Appointment of RP (Resolution Professional) during CIRP:

1) Who files the RP appointment with ROC?

• Typically, the RP himself or the corporate debtor’s secretarial team files the appointment with ROC.

• Often the RP ensures compliance, but the company’s secretarial team assists or files on behalf.

2) Can you file the RP appointment form with ROC now? Procedure?

• Yes, you can file the appointment form now even if delayed.

• The form to file is Form DIR-12 (for appointment of Director/RP in the company).

• You’ll need:

  • Board resolution approving RP appointment.

  • Consent letter of RP.

  • RP’s DIN (if applicable).

• Procedure:

  • Prepare and approve board resolution if not done earlier.

  • RP or company’s secretarial team files DIR-12 through MCA portal with required attachments.

  • Pay late fees/penalty if applicable.

3) Can you file other ROC forms without filing the RP appointment form?

• Usually, appointment of RP is mandatory and should be filed before or along with other filings related to CIRP.

• Filing other forms without RP appointment may lead to non-compliance or rejection of filings.

Recommendation:

• File DIR-12 for RP appointment ASAP.

• Check if any additional forms are pending and file together to regularize compliance.

• Consult with legal counsel or company secretary to ensure smooth filing.