In a major relief to company undergoing insolvency resolution process, MCA has allowed Insolvency Professional [Interim Resolution Professional (IRP) or Resolution Professional (RP) or Liquidator) appointed under IBC, 2016 to undertake various filings under the Companies Act, 2013 with the Registrar of Companies. The following process has been prescribed to be followed:

1. The IRP/ RP/ Liquidator shall intimate his/her appointment by filing the NCLT order approving him as the IRP/RP/Liquidator in form INC-28 by selecting the option "Others" in the form. The IRP/RP/Liquidator while affixing his DSC, shall choose his designation as "Others" in the declaration box.
2. Jurisdictional ROC, shall thereafter examine and approve the form INC-28 so filed if the same is found to be in order. If the filed Form is not in order, he shall mark the form as under Re-submission / Rejected category as applicable. Once the form INC-28 is approved, only the IP (IRP/ RP/ Liquidator) shall thereafter be allowed to file any form on behalf of the company. For all subsequent filings, the IP shall choose his designation as "Chief Executive Officer" (CEO), for the purpose of filing e-forms, in various e-forms.
3. The master data for the company shall, after the approval of form INC28 clearly display that the said company is under CIRP or Liquidation, as the case may be, and the name of the IP so appointed shall be displayed in the CEO column.
4. The IP shall be responsible and will be able to file all necessary documents/ disclosures/ returns for the purposes of compliances under the Companies Act, 2013.
5. For filing forms SH-8 and SH-9 and XBRL, the IP may file the same in his role as CEO. In respect of form MGT-7, the IP shall sign the form instead of a Director and thereafter the form would have to be certified by a Company Secretary in practice.
6. Unless form INC-28 is approved, no other forms would be enabled for filing by the IRP/RP/Liquidator in his role of designated CEO. The IRP/RP/Liquidator in his role as designated CEO shall again file form INC-28 upon the approval of the resolution plan, initiation of liquidation proceedings or upon withdrawal of the application for CIRP based on which the status of the company would get suitably reflected in the company master data.
7. In case, a new Board is required to be appointed in terms of the order passed by the Tribunal or Appellate Tribunal, the details of the first authorised signatory of such board will be inserted by the jurisdictional Registrar after receiving an application from the IP, wherein the SRN of the relevant form INC-28 shall be quoted. Consequently, the authorisation for the IP to file documents on behalf of the company shall then cease and the new authorised signatory shall then take over the responsibility of filing e-forms on behalf of the company.

MCA further clarified that in case the order of admission of a company into CIRP or into liquidation is stayed or set aside by the Tribunal or Appellate Tribunal or other courts, such order shall be filed in form INC-28 by the concerned IP, and the status of the company and the authorisation for filing of forms on behalf of company would then change accordingly.

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