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Regional Director, Ministry of Corporate Affairs (MCA)

 

 

Common Cases Where Regional Director (RD) Approval is Required

  1. Conversion of Public Company to Private Company

    • Section 14 of Companies Act, 2013

    • Requires alteration of Articles of Association (AOA)
    • RD approval is mandatory

  2. Shifting of Registered Office from One State to Another

    • Section 13(4) of Companies Act, 2013

    • Needs approval from RD after passing special resolution
  3. Compounding of Offences

    • If penalty exceeds ₹5 lakhs, RD approval required
    • As per Section 441

  4. Extension for Holding AGM or Financial Year

    • For certain cases under Section 96(1) or Section 2(41)

  5. Change in Financial Year (for companies with foreign holding/subsidiary)

    • Approval under Section 2(41) is granted by RD
  6. Name Rectification of Company

    • If direction is issued by the Central Government under Section 16, approval is processed through RD
  7. Merger/Amalgamation of Certain Companies (Fast Track)

    • RD’s role under Section 233 for:
      • Merger of small companies

      • Merger between holding and wholly owned subsidiary

  8. Dormant Company Applications

    • RD involvement for rejection or revival in certain cases

 Documents Commonly Required for RD Approval

  • Board Resolution
  • Special Resolution (if required)
  • Altered MOA and AOA
  • Affidavits and declarations
  • Application in prescribed form (e.g., Form RD-1, Form INC-23, etc.)
  • Proof of advertisement in newspapers (for shifting office/state)
  • Consent letters of creditors (if applicable)


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