Clarification in respect of General Circular No: 2/2011 dated 8th February, 2011 - Companies Law - 22/2011

General Circular No: 22/2011 No: 5/12/2007-CL-III Government of India Ministry of Corporate Affairs 5th floor, `A' Wing, Shastri Bhavan, Dr. R.P. Road, New Delhi-110 001. Dated: 2nd May, 2011 To All Regional Directors All Registrars of Companies Subject: Clarification in respect of General Circular No: 2/2011 dated 8th February, 2011 Sir, It has been observed that certain companies are seeking clarification in respect of circular No. 2/11 dated 8.2.2011 issued by the Ministry in respect of exemption u/s 212 (8) of the Companies Act, 1956. The point raised is in respect of applicability of condition No. (ii) of the circular, requesting the Ministry to delete the condition in respect of unlisted companies as this condition is applicable to listed companies as per SEBI guidelines. 2. The Ministry is aware of the limited scope of the SEBI Rule. However, the decision has been taken to ensure transparency in those cases where balance sheets of subsidiaries are not attached. 3. In this regard, it is clarified that companies which desire to take benefit of exemption allowed under this circular would have to fulfill the conditions stipulated therein even if they are unlisted. Yours faithfully (Rita Dogra) Under Secretary to the Govt. of India.