Category Archives: Corporate Law

FAQ CONDUCTING EXTRA ORDINARY GENERAL MEETING THROUGH VIDEO CONFERENCING OR OTHER AUDIO VISUAL MEANS

FAQ

CONDUCTING EXTRAORDINARY GENERAL MEETING THROUGH VIDEO CONFERENCING OR OTHER AUDIO VISUAL MEANS

This procedure/rule applies on any EGM of unavoidable nature conducted till 30.06.2020.

Through Video conferencing (VC) or Audio visual means (OVAM).

Not applicable on Annual general meeting, All the items of ordinary business and items where any person has a right to be heard.

All the meetings of urgent nature conducted before 30/06/2020.

NO, such a facility can be availed by those companies also on which Sec. 108 and 110 is not applicable.

applicable on all companies such as Listed, Private, Public, Small etc.

Along with meeting all disclosures, inspection of related documents by members, or authorizations for voting by bodies corporate etc. as provided in the Act and the articles of association of the company are made through electronic mode

The procedure divided into two types of companies:- (A) For Companies which are required to provide the facility of e-voting under the Act, *or any other company which has opted for such facility (B) For Companies which are not required to provide the facility of e-voting under the Act

1. Meeting shall be recorded and the transcript, Recordings of such meeting shall be kept in the safe custody of company.
2. In case of public company having website then such transcripts need to make available on that website also.

Note: no requirement to publish the recorded transcript by private company.

1. Must allows two-way teleconferencing or WebEx for ease of participation
2. Facility to participants to pose questions concurrently or given time to submit their questions in advance in the e-mail address.
3. CAPACITY:
a. FOR PART A COMPANY: Such facility must have a capacity to allow at least 1000 members to participate on first come first serve basis.
b. FOR PART B COMPANY: Such facility must have a capacity to allow at least 500 members or members equal to the total number of members of the Company (whichever is lower) to participate on first come first serve basis.

The large shareholders (i.e., shareholders holding 2% or more shareholdings), promoters, institutional investors, directors, key managerial personnel, the chairpersons of Audit Committee, Nomination and Remuneration Committee and Stakeholders Relationship Committee, auditors etc. may be allowed to attend the meeting without restriction on account of first come first serve basis.

Facility for join the meeting shall be open at least 15 minute before the time to start meeting and shall be open till 15 minute after the expiry of schedule time.

Yes, and the quorum will be counted as per section 103 of companies Act, 2013.

1. Only those members, who are present in the meeting through VC or OAVM facility and have not cast their vote on resolutions through remote e-voting and are otherwise not barred from doing so, shall be allowed to vote through e-voting system or by a show of hands in the meeting.
2. Before the actual date of the meeting, the facility of remote e-voting shall be provided in accordance with the act and the rules.

1. The Company shall provide a designated e-mail address to all members at the time of sending the notice of meeting so that the members can convey their vote, when a poll is required to be taken during the meeting on any resolution, at such designated email address.
2. During the meeting held through VC or OAVM facilities, where a poll on any item is required, the members shall cast their vote on the resolutions only by sending emails through their email address which are registered with the company. The said email shall only be sent to the designated email address circulated by the company in advance.
3. The confidentiality of the password and other privacy issues associated with the designated e-mails shall be strictly maintained by the company at all times. Due safeguards with regards to authenticity of email address(as) and other details shall be taken by the company.

1. If prescribed in the AOA then as per article.
2. If not prescribed, then:-
a. where there are less than 50 members present at the meeting, the Chairman shall be appointed in accordance with Section 104;
b. in all other cases, the Chairman shall be appointed by a poll through E-voting

1. If prescribed in the AOA then as per article.
2. If not prescribed, then:-
a. where there are less than 50 members present at the meeting, the Chairman shall be appointed in accordance with Section 104;
b. in all other cases, the Chairman shall be appointed by a poll conducted through Email as procedure followed for voting by poll.

NO, Proxy is not allowed to appoint in such meeting. However AR can be appointed for such meeting as per requirements.

1. The Chairman of the meeting must ensure that the facility of e-voting system is available for the purpose of conducting a poll during the meeting
2. Voting manner depends on the number of members present in such meeting, :-
a. where there are less than 50 members present at the meeting, the voting may be conducted either through the e-voting system or by a show of hands, unless a demand for poll is made in accordance with section 5109 of the Act,
b. Once poll demanded the voting shall be conducted through the e-voting system;
c. In all other cases, the voting shall be conducted through e-voting system

1. Where less than 50 members are present in a meeting, the chairman may decide to conduct a vote by show of hands, unless a demand for poll is made
2. Once such demand is made, the procedures of voting through designated e-mail by the members on provided e-mail ID of the Company is to be followed.
3. In case the counting of votes requires time, the said meeting may be adjourned and called later to declare the result.
4. In other cases procedures of voting through designated e-mail by the members on provided e-mail ID of the Company

IT is compulsory For at least one independent director (if appointed), and the auditor or his authorized representative, who is qualified to be the auditor.

If II is members they are encouraged to attend the meeting and cast votes.

1. The notice for the general meeting shall make disclosures with regard to the manner in which framework provided in this Circular shall be available for use by the members and
2. It Also contain clear instructions on how to access and participate in the meeting.
3. The Company shall also provide a helpline number through the registrar & transfer agent, technology provider, or otherwise, for those shareholders who need assistance with using the technology before or during the meeting. (FOR PART A COMPANY).
4. Company must provide Email address in the notice so that member can send their vote in case of voting done through poll. (FOR PART B company)
5. A copy of the meeting notice shall also be prominently displayed on the website of the company and due intimation may be made to the exchanges in case of a listed company

The company can adopt such circular by taking approval of members as per sec 101 of company act, 2013

All companies need to inform to ROC within 60 days of meeting.

Companies Fresh Start Scheme 2020 CFSS-2020 कंपनियां फ्रेश स्टार्ट स्कीम 2020 CFSS-2020 કંપનીઓ તાજી શરૂઆત યોજના 2020 સીએફએસએસ -2020

Companies Fresh Start Scheme 2020 CFSS-2020

Question Answers
Entity Company / LLP
Scheme Name CFSS, 2020
Which Forms /  Return defaulting Company who failed to file required documents / Forms / Return including annual filing AOC4 / MGT7 / ADT1
One Time Opportunity One-time waiver of additional filing fees for delayed filings only normal fees need to be paid
Period  Start 01/04/2020
Period  End 30/09/2020
FORMS OR DOCUMENTS All other documents and company except  (CHG-1, CHG4, SH7) all described below
Non-applicability 1. strike off companies,  2. company name already in STK-5        3. Amalgamated Companies 4.  Dormant Companies 5.  Vanishing Companies 6.  Form SH-7  7. Charge Related Forms 8. Companies under Liquidation  9. Companies under CIRP, 10 LLP WHICH APPLIED FOR CLOSURE BY LLP24
An additional benefit for an inactive company opportunity to inactive company 1. to change the status to the dormant company by filing simple form “MSC-1” or 2. may file STK-2 directly for stike off
Dormant Company he scheme gives an opportunity to inactive companies to get their companies declared as ‘dormant company under Section 455 of the Act by filing a simple application at a normal fee.
filing requirement On any company which need to file documents till 31-08-2020 can file such documents
any appeal against prosecution Pending Need to withdraw that before availing this scheme
Immunity certificate Once delayed form filed need to file CFSS 2020 for taking certificate
Last date for Immunity certificate Eform “CFSS-2020” without any fees after filing forms but not later than 6 months from the closure of scheme 31.03.2021
Prosecution Immunity from prosecution on companies for filing documents between this period
Link http://www.mca.gov.in/Ministry/pdf/Circular12_30032020.pdf
Sec / Rule 403 and 460 and rule Companies(registration offices and fees), Rules, 2014

CFSS-2020 FAQ

The Scheme shall be applicable only on “defaulting companies”.

Yes, As per Defaulting Company means any Company which has made a default in filing of:-
(a) Any document
(b) Any statement
(c) Any Return including Annual Statutory Document on the MCA 21 registry.

Under this scheme all the documents can be filed without additional filing fees for delayed filings, only normal fees need to be paid.

No, this scheme need to avail between April 1, 2020 till September 30, 2020. All the pending filings should be done within the currency of the Scheme.

This scheme covers All the form whose list is available on MCA as this link: http://www.mca.gov.in/Ministry/pdf/CFSS2020_02042020.pdf

Yes, This scheme is applicable to all those companies whose annual filing is pending irrespective of any year.

This scheme will be availed by strike off company only after getting company active through NCLT.

"This scheme does not include the following:-
1. strike off companies
2. company name already in STK-5
3. Amalgamated Companies
4. Dormant Companies
5. Vanishing Companies
6. Form SH-7
7. Charge Related Forms
8. Companies under Liquidation
9. Companies under CIRP."

The defaulting inactive companies while filing Form CFSS-2020 can simultaneously apply for the following actions:
1. - Application for dormant status by filing Form MSC-1 at a nominal fee; 2. - Application for striking-off the name of the company by filing Form STK-2 and paying the applicable fee

Immunity from launching of prosecution or proceedings for imposing penalty shall be granted only for those forms that will be filed during the CFSS duration i.e. from April 1, 2020 till September 30, 2020

After granting the immunity, the Designated Authority, (Registrar of Companies having jurisdiction over the registered office of the Company) shall withdraw the prosecution(s)
pending, if any, before the concerned courts(s) and the proceedings of adjudication of
penalties shall be deemed to be completed without any further action.

Yes, this scheme allows to file DIR-3 KYC/Dir-3 KYC WEB without additional fees.

In such case need to follow this process:-1. Need to appoint new directors from back end office of ROC 2. Can file form after appointment of new director in company.

Yes, scheme can be availed for this form also but need to do condoned this form.

Yes, all the forms need to filed by the company who has availed such scheme within 6 months of closure of scheme.

कंपनियां फ्रेश स्टार्ट स्कीम 2020 CFSS-2020

सवाल जवाब
सत्ता कंपनी / एलएलपी
सेशमे नाम सीएफएसएस, 2020
कौन से फॉर्म / रिटर्न डिफ़ॉल्ट कंपनी, जो आवश्यक दस्तावेज / फॉर्म / रिटर्न दाखिल करने में विफल रही, जिसमें वार्षिक फाइलिंग AOC4 / MGT7 / ADT1 शामिल है
वन टाइम अपॉर्चुनिटी विलंबित फाइलिंग के लिए अतिरिक्त दाखिल शुल्क की एक बार की छूट केवल सामान्य शुल्क का भुगतान करने की आवश्यकता है
अवधि प्रारंभ 01/04/2020
अवधि समाप्त 30/09/2020
फार्म या दस्तावेज़ अन्य सभी दस्तावेज और कंपनी (सीएचजी -1, सीएचजी 4, एसएच 7) को छोड़कर सभी नीचे उतरे
गैर applicability 1. कंपनियों को हड़कंप मचाना, 2. कंपनी का नाम पहले से ही STK-5 3. अमलागेटेड कंपनियां 4. निष्क्रिय कंपनियां 5. लुप्त कंपनियाँ 6. फॉर्म SH-7 7. शुल्क संबंधित प्रपत्र 8. परिसमापन के तहत कंपनी 9. CIRP, 10 के तहत कंपनियां LLP24 द्वारा CLOSURE के लिए एलएलपी WHPL लागू किया गया
निष्क्रिय कंपनी के लिए अतिरिक्त लाभ निष्क्रिय कंपनी के लिए अवसर 1. सरल फॉर्म “MSC-1” दाखिल करके निष्क्रिय कंपनी में स्थिति बदलने के लिए और सीधे STK-2 को स्टाइक के लिए दायर कर सकते हैं
निष्क्रिय कंपनी वह योजना में निष्क्रिय कंपनियों को एक सामान्य शुल्क पर एक साधारण आवेदन दाखिल करके अधिनियम की धारा 455 के तहत अपनी कंपनियों को ‘निष्क्रिय कंपनी’ घोषित करने का अवसर देता है।
दाखिल करने की आवश्यकता किसी भी कंपनी पर जिसे 31-08-2020 तक डिमॉनेट फाइल करने की जरूरत है, ऐसे दस्तावेज दाखिल कर सकते हैं
अभियोजन लंबित के खिलाफ कोई अपील इस योजना का लाभ उठाने से पहले इसे वापस लेने की आवश्यकता है
प्रतिरक्षा प्रमाणपत्र एक बार विलंबित फॉर्म को प्रमाणित करने के लिए सीएफएसएस 2020 दाखिल करने की आवश्यकता होती है
बिना किसी शुल्क के इम्युनिटी सर्टिफिकेट “CFSS-2020” के लिए अंतिम तिथि फॉर्म भरने के बाद लेकिन योजना 31.03.2021 को बंद करने के बाद 6 महीने से अधिक नहीं
अभियोग इस अवधि के बीच दस्तावेज दाखिल करने के लिए कंपनियों पर मुकदमा चलाने से प्रतिरक्षा
संपर्क http://www.mca.gov.in/Ministry/pdf/Circular12_30032020.pdf
सेक / नियम 403 और 460 और नियम कंपनी (पंजीकरण कार्यालय और शुल्क), नियम, 2014
કંપનીઓ તાજી શરૂઆત યોજના 2020 સીએફએસએસ -2020
પ્રશ્ન જવાબો
એન્ટિટી કંપની / એલએલપી
Scheme નામ સીએફએસએસ, 2020
કયા ફોર્મ / રીટર્ન ડિફોલ્ફિંગ કંપની જે વાર્ષિક ફાઇલિંગ એઓસી 4 / એમજીટી 7 / એડીટી 1 સહિત જરૂરી દસ્તાવેજો / ફોર્મ્સ / રીટર્ન ફાઇલ કરવામાં નિષ્ફળ ગઈ
એક સમયનો અવસર વિલંબિત ફાઇલિંગ્સ માટે વધારાની ફાઇલિંગ ફીમાંથી એક સમય માફી, ફક્ત સામાન્ય ફી ચૂકવવાની જરૂર છે
પીરિયડ પ્રારંભ 04/01/2020
પીરિયડ એન્ડ 9/30/2020
ફોર્મ્સ અથવા દસ્તાવેજો (સીએચજી -1, સીએચજી 4, એસએચ 7) સિવાયના અન્ય તમામ દસ્તાવેજો અને કંપની નીચે વર્ણવેલ છે
નોન-એપ્લીકેબલિટી એસટીકે-5 માં પહેલેથી જ કંપનીઓનું કામકાજ, 2. કંપનીનું નામ A. સંમિશ્રિત કંપનીઓ D. નિષ્ક્રિય કંપનીઓ V. ગાયબ કંપનીઓ Form. ફોર્મ એસ.એચ. 7.. ચાર્જ સંબંધિત ફોર્મ્સ L. લિક્વિડેશન હેઠળની કંપનીઓ C. સીઆઈઆરપી હેઠળની કંપનીઓ, ૧૦ એલએલપી જે એલએલપી 24 દ્વારા ક્લોઝર માટે એપ્લાય કર્યું
નિષ્ક્રિય કંપની માટે વધારાના લાભ નિષ્ક્રિય કંપનીને તક. 1. સરળ ફોર્મ “એમ.એસ.સી.-1” અથવા 2 ફાઇલ કરીને નિષ્ક્રિય કંપનીમાં સ્થિતિ બદલવાની.
નિષ્ક્રિય કંપની તે યોજના નિષ્ક્રિય કંપનીઓને તેમની કંપનીઓની કલમ 455 હેઠળ નિષ્ક્રિય કંપની તરીકે જાહેર કરવાની સામાન્ય ફી પર સરળ અરજી દાખલ કરીને તક આપે છે.
ફાઇલિંગ આવશ્યકતા કોઈપણ કંપની કે જેને 31-08-22020 સુધી ડોક્યુમટન્સ ફાઇલ કરવાની જરૂર છે તે આવા દસ્તાવેજો ફાઇલ કરી શકે છે
કાર્યવાહી સામે કોઈ અપીલ બાકી છે આ યોજનાનો લાભ લેતા પહેલા તે પાછો ખેંચવાની જરૂર છે
પ્રતિરક્ષા પ્રમાણપત્ર એકવાર વિલંબિત ફોર્મ ભર્યા પછી પ્રમાણપત્ર લેવા માટે સીએફએસએસ 2020 ફાઇલ કરવાની જરૂર છે
કોઈપણ ફી વિના ઇમ્યુનિટી સર્ટિફિકેટ ઇફોર્મ “સીએફએસએસ -2020” માટેની છેલ્લી તારીખ forms૧.૦ scheme.૨૦૧૨ ના બંધ થયા પછી ફોર્મ ભર્યા પછી month મહિના પછી નહીં
ફરિયાદી આ સમયગાળા દરમિયાન દસ્તાવેજો ફાઇલ કરવા માટે કંપનીઓ પર કાર્યવાહીની પ્રતિરક્ષા
કડી http://www.mca.gov.in/Ministry/pdf/Circular12_30032020.pdf
સેકંડ / નિયમ 403 અને 460 અને નિયમ કંપનીઓ (નોંધણી કચેરીઓ અને ફી), નિયમો, 2014

MCA One in Life Time Opportunity for Director / Shareholder/ Other Stakeholder of Company / LLP

एमसीए वन इन लाइफ टाइम अवसर के लिए निदेशक / शेयरधारक / कंपनी / एलएलपी के अन्य स्टेक धारक

ડિરેક્ટર / શેરહોલ્ડર / કંપની / એલએલપીના અન્ય હિસ્સો ધારક માટે એમસીએ વન ઇન લાઇફ ટાઇમ તકો NO Additional Fees / Penalty / Prosecution of Filing any form /

NO Additional Fees / Penalty / Prosecution of Filing any form / Return Including DIR-3KYC Which have 5K Penalty ACTIVE -22 Which Have 10K Penalty

अतिरिक्त शुल्क / पेनल्टी / किसी भी फॉर्म को दाखिल करने का अभियोजन / रिटर्न जिसमें DIR-3KYC शामिल है, जिसमें 5K पेनाल्टी ACTIVE -22 है, जिसमें 10K पेनाल्टी है

કોઈ વધારાની ફી / દંડ / ડી.આઇ.આર.-3 કેવાયસી સહિત કોઈપણ ફોર્મ / રિટર્ન ભરવાની કાર્યવાહી જેની પાસે 5 કે દંડની પ્રવૃત્તિ -22 જેમાં 10 કે દંડ છે

EXAMPLE

TYPE Existing Additional Fees CFSS-2020 Scheme *Approx Saving Per Year Per Company Action to be Taken
COAF AOC4  / MGT Rs 100 Per Day NIL 73000 Contact Us Now
LLPAF LLP11 /LLP Rs 100 Per Day NIL 73000 Contact Us Now
DIR-3-KYC Rs 5000 Nil 10000 Contact Us Now
Active-22 Rs 10000 Nil 10000 Contact Us Now

Avail CFSS-2020 Now

List of Form for Which Additional Fees is waived

No Form No. Description
1 23C Appointment of Cost Auditors
2 MR-2 Form of Application to the Central Government for approval of appointment or reappointment and remuneration or increase in remuneration or waiver for excess or over payment to managing director or whole time director or manager and commission or remuneration to directors
3 ADT-2 Application for removal of auditor(s) from his/their office before expiry of term
4 NDH-2 Application for extension of time
5 DIR-3C Intimation of Director Identification Number by the company to the registrar
6 INC-12 Application for grant of License under section 8
7 MSC-1 Application to ROC for obtaining the status of dormant company
8 DIR-12 Particulars of appointment of directors and the key managerial personnel and the changes among them
9 INC-4 Intimation for Change in Member/Nominee
10 INC-6 One Person Company –  Application for Conversion
11 INC-22 Notice of Situation or Change of situation of Registered Office of the Company
12 INC-27 Conversion of public company into private company company  or  private company into public
13 20B Annual Return
14 21A Annual Return for company having no share capital
15 23B Notice by Auditor
16 23D Information by cost auditor to Central Government
17 23AC Filing balance sheet and other documents with the Registrar
18 23AC-XBRL Form for filing XBRL document in respect of balance sheet and other documents with the Registrar.
19 Form 66 Form for submission of Compliance Certificate
20 AOC-4 Form for filing financial statement and other documents with the Registrar
21 AOC-4
CFS Form for filing consolidated financial statements and other documents with the Registrar
22 AOC-4(XBRL) Form for filing XBRL document in respect of financial statement and other documents with the Registrar
23 ADT-1 Information to the Registrar by company for appointment of auditor
24 ADT-3 Notice of Resignation by the Auditor
25 BEN-2 Return to the Registrar in respect of declaration under section 90
26 CRA-2 Form of Intimation of appointment of cost auditor by the company to Central Government
27 CRA-4 Form for filing Cost Audit Report with the Central Government
28 DPT-3 Return of deposits
29 DPT-4 Statement regarding deposits existing on the commencement of the Act
30 GNL-2 Form for submission of documents with the Registrar
31 INC-5 One Person Company-Intimation of exceeding threshold
32 IEPF-1 Statement of amounts credited to the Investor Education and Protection Fund
33 IEPF-2 Statement of unclaimed or unpaid amounts
34 IEPF-3 Statement of shares and unclaimed or unpaid dividend not transferred to the Investor Education and Protection Fund
35 IEPF-4 Statement of shares transferred to the Investor Education and Protection Fund
 36  IEPF-6  Statement of unclaimed or unpaid amounts to be transferred to the Investor Education and Protection Fund
 37  IEPF-7  Statement of amounts credited to IEPF on account of shares transferred to the fund
 38  IEPF-5 e-  verificati on report  Application to the authority for claiming unpaid amounts and shares out of Investor Education and Protection Fund (IEPF) – E-verification report
 39  I-XBRL  Form for filing XBRL document in respect of cost audit report and other documents with the Central Government
 40  MGT-7  Annual Return
 41  MR-1  Return of appointment of key managerial personnel
 42  MSC-3  Return of dormant companies
 43  NDH-1  Return of Statutory Compliances
 44  NDH-3  Return of Nidhi Company for the half year ended
 45  NDH-4  Application for declaration as Nidhi Company and for updation of status by Nidhis
 46  PAS-3  Return of allotment
 47  SH-11  Return in respect of buy-back of securities
 48  A-XBRL  Form for filing XBRL document in respect of compliance report and other documents with the Central Government
 49  DIR-3
 KYC/Web form  Application for KYC of Directors
 50  FC-1  Information to be filled by Foreign company
 51  FC-2  Return of alteration in the documents filed for registration by foreign company
 52  FC-3  Annual accounts along with the list of all principal places of business in India established by foreign company
 53  FC-4  Annual Return of a Foreign Company
 54  INC-22A  Active Company Tagging Identities and Verification (ACTIVE)
 55  INC-20A  Declaration for commencement of business
 56  AOC-5  Notice of address at which books of account are maintained
 57  DIR-11  Notice of resignation of a director to the Registrar
 58  GNL-3  Particulars of person(s) or key managerial personnel charged or specified for the purpose of sub-clause (iii) or (iv) of clause 60 of section 2
 59  INC-20  Intimation to Registrar of revocation/surrender of license issued under section 8
 60  INC-28  Notice of order of the Court or Tribunal or any other competent authority
 61  MGT-6  Return to the Registrar in respect of declaration under section 89 received by the company
 62  MGT-10  Changes in shareholding position of promoters and top ten shareholders
 63  MGT-14  Filing of Resolutions and agreements to the Registrar under section 117
 64  MGT-15  Form for filing Report on Annual General Meeting
 65  Form 27 LLP  Form for registration of particulars by Foreign Limited Liability Partnership (FLLP
 66  FORM 3  Information with regard to limited liability partnership agreement and changes, if any, made therein
 67  FORM 8  Statement of Account & Solvency
 68  FORM 15  Notice for change of place of registered office
 69  FORM 11  Annual Return of Limited Liability Partnership (LLP)
 70  FORM 4  Notice of appointment, cessation, change in name/ address/designation of a designated partner or partner and consent to become a partner/designated partner
 71  FORM 5  Notice for change of name
 72  FORM 12  Form for intimating other address for service of documents
 73  FORM 22  Notice of intimation of Order of Court/ Tribunal/CLB/ Central Government to the Registrar
 74  FORM 31  Application for compounding of an offence under the Act
 75  FORM 23  Application for direction to Limited Liability Partnership (LLP) to change its name to the Registrar
 76  Form 29 LLP  Notice of (A) alteration in the certificate of incorporation or registration; (B) alteration in names and addresses of any of the persons authorised to accept service on behalf of a foreign limited liability partnership (FLLP) (C) alteration in the principal place of business in India of FLLP (D) cessation to have a place of business in India

 

MCA CAR Companies Affirmation of Readiness Towards COVID-19

Stakeholders may please note that there is no fee applicable for FORM     CAR (Companies Affirmation of Readiness Towards COVID-19).  SHs may also please note that the form has been deployed as a purely confidence-building measure to assess the readiness of the companies to deal with COVID-19 Threat in India. As such no penalty or enforcement-related action is applicable. Stakeholders may at their convenience file this form. It is purely voluntary as part of our contribution towards joining the movement to fight against the spread of the disease. Since the portal may experience heavy load, it would indicate ‘Busy’ alert whenever peak traffic is reached.

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ACTION TO BE TAKEN >>>>
(1) Kindly Confirm Company / LLP Name 
(2) Name of Director (MCA KYC Linked Mobile No )

MCA notifies GOD FATHER DAY 01-07-2018 Additional fee of Rs.100 per day for delay in filing ROC Forms Annual Return/ Financial Statements (Forms 23AC, 23ACA, 23AC XBRL, 23ACA XBRL, MGT-7, AOC-4, AOC-4 XBRL and AOC-4 CFS)

MCA notifies GOD FATHER DAY 01-07-2018 Additional fee of Rs.100 per day for delay in filing ROC Forms Annual Return/ Financial Statements (Forms 23AC, 23ACA, 23AC XBRL, 23ACA XBRL, MGT-7, AOC-4, AOC-4 XBRL and AOC-4 CFS)
The Ministry of Corporate Affairs ( MCA ) notified the Companies (Registration Offices and Fees) Second Amendment Rules 2018 has been on 7th May 2018.
Due date of filings under Section 92 (Annual Return) or 137 (Annual Financial Statement) of the Companies Act, 2013 expires after 30/06/2018, the additional fee @Rs.100 per day shall become payable in respect of MGT-7, AoC-4, AoC-4 XBRL and AoC-4 CFS.
Other cases, where the belated annual returns or balance sheet/financial statement which were due to be filed whether under the Companies Act,1956 (23AC,23ACA,23AC XBRL,23ACA XBRL,20B,21A) or the Companies Act, 2013 (MGT-7, AoC-4, AoC-4 XBRL and AoC-4 CFS) additional fee as per the applicable slab for the period of delay up to 30th June 2018 plus @Rs.100 per day w.e.f 1st July 2018 shall become payable.
Due Date Forms Additional Fee
After 30th June 2018 MGT-7, AoC-4, AoC-4 XBRL and AoC-4 CFS Rs. 100 per day after the expiry of due date

 

Before 30th June 2018 23AC, 23ACA, 23AC XBRL, 23ACA XBRL, 20B, 21A under Companies Act, 1956  and

MGT-7, AoC-4, AoC-4 XBRL and AoC-4 CFS under Companies Act, 2013

Slab for the period of delay up to 30th June 2018

and

Rs. 100 per day from 01st July 2018

CONTACT US  

ROC/RD (MCA) FACILITY TO ADD SIGNATORY DETAILS FROM THE BACK END WITH THE APPROVAL OF RD APPLICATIONS WITHIN ONE WEEK (MAY APPOINT NEW DIRECTORS U/S 167(3) OF THE ACT)

ROC/RD (MCA) FACILITY TO ADD SIGNATORY DETAILS FROM THE BACK END WITH THE APPROVAL OF RD APPLICATIONS WITHIN ONE WEEK (MAY APPOINT NEW DIRECTORS U/S 167(3) OF THE ACT)

NEWLY APPOINTED DIRECTORS, WHERE ALL THE DIRECTORS STAND VACATED DUE TO DISQUALIFICATION

  1. NO.03/73/2017/CL-II

GOVERNMENT OF INDIA

MINISTRY OF CORPORATE AFFAIRS

5TH FLOOR ‘A’ WING, SHASTRI BHAWAN, NEW DELHI.

 

DATED: 06.10.2017

 

TO,

THE REGIONAL DIRECTORS/REGISTRARS OF COMPANIES

SUB: – ADDITION OF NAMES OF THE NEWLY APPOINTED DIRECTORS IN THE MCA DATABASE IN THE COMPANIES WHERE ALL THE DIRECTORS STAND VACATED DUE TO DISQUALIFICATION UNDER SECTION 164(2)(A) R/W 167(1) OF THE COMPANIES ACT, 2013-REG

 

SIR(S),

WITH REFERENCE TO THE SUBJECT CITED

  1. I AM DIRECTED IN INFORM YOU THAT REFERENCE HAVE BEEN RECEIVED IN THE MINISTRY REGARDING THE MATTERS RELATED TO APPOINTMENT OF DIRECTORS IN THE COMPANIES IN WHICH EXISTING DIRECTORS STAND VACATED IN TERMS OF SECTION 167 READ WITH 161(2)(A) OF THE ACT.
  2. IN THIS REGARD, IT IS TO BE UNDERSTOOD THAT THE PROMOTERS MAY APPOINT NEW DIRECTORS U/S 167(3) OF THE ACT. IN SUCH CASES, THE ISSUE OF ROLE CHECK SHALL ARISE.
  3. THE ROCS ALREADY HAVE FACILITY TO ADD SIGNATORY DETAILS FROM THE BACK END WITH THE APPROVAL OF RD.
  4. THE ROCS/RD’S HEREBY DIRECTED TO APPROVE SUCH APPLICATIONS WITHIN ONE WEEK FROM THE DATE OF RECEIPT OF APPLICATION. THIS ISSUES WITH THE APPROVAL OF COMPETENT AUTHORITY.

 

YOURS FAITHFULLY.

(SANJAY KUMAR GUPTA)

JOINT DIRECTOR

23381664

 

NCLT ORDER 2 Lacs penalty for accounts not legibly scanned

NATIONAL COMPANY LAW TRIBUNAL
NEW DELHI BENCH
NEW DELHI
C.P.NO. 16/119/16
CA. NO.
PRESENT: SMT. INA MALHOTRA
Hon’ble Members (J)

 

NATIONAL COMPANY LAW TRIBUNAL
NEW DELHI BENCH
NEW DELHI
C.P.NO. 16/119/16
CA. NO.
PRESENT: SMT. INA MALHOTRA
Hon’ble Members (J)

ATTENDANCE-CUM-ORDER SHEET OF THE HEARING OF NEW DELHI BENCH OF THE NATIONAL COMPANY LAW TRIBUNAL ON 7.10.2016
NAME OF THE COMPANY: M/s MVM Metal and Alloys Pvt. Ltd.
SECTION OF THE COMPANIES ACT: 621A

ORDER

The petitioner company, which was incorporated on 29.05.2007, has filed the present compounding application having been charged with the offence under section 220 of the Companies Act, 1956. Though the company filed its annual report for the financial year 2011-12 along with Board’s report dated 01.09.2012 during its scrutiny it was observed that the financial accounts for the year ending 2011-12 were not legible and hence not accepted.
2. It is submitted by the petitioner that the alleged non compliance was totally unintentional and without any malafide intention, on account of bad quality of scanning. On being put to notice, physical copies were submitted in the office of the RoC.
3. The offence is punishable u/s 162 of the Comapanies Act, 1956 which provides for an imposition of fine whcih may extend to Rs. 500/- for each day’s default.
4. Accordingly, the office of the Roc has calculated and recommended the imposition of the maximum fine of Rs. 5,83,500/– on the petitioner company and its three directors till resubmission of the documents in hard copy on 03.12.2013.
5. As per the report, prosecution has not been initiated.
6. Given the facts of the case as there is no legal impediment in compounding, the offence and the fact that the said default appears to be unintentional, it would be sufficient to impose a fine of Rs. 50,000/- on each of the petitioners, i.e. the company and its below mentioned three directors. Accordingly, the fine is imposed as under for the entire period of default.
Name of the Applicant Penalty
M/s. M V M Mettal & Alloys Pvt. Ltd. Rs. 50,000/-
Mr. Vijay Singla, Director Rs. 50,000/-
Mr. Ajay Budhiraja, Director Rs. 50,000/-
Ms. Pooja Gupta, Director Rs. 50,000/-
Total Rs. 2 Lacs

7. Subject to the remittance of the aforesaid fine within 30 days, the offence shall stand compounded. Compliance Report be placed on record with due intimation to the office of the RoC.
8. Petition stands disposed off in terms of the above and consigned to Record Room.