Our company went under CIRP since 2014. We have not filed the appointment of RP with ROC. My queries are
1) Who has file the RP with ROC, either the RP himself or the secretarial team?
2) If yes , then can we file the appointment form of RP with ROC now? also let me know the procedure for the same. urgently.
3) Can we file the ROC forms without his appointment form?
Hi Kavita,
Here’s a quick rundown on your queries regarding Delayed Filing of ROC Form for Appointment of RP (Resolution Professional) during CIRP:
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.
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.
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.
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.
CAclubindia
