Category Archives: Companies Act 2013

Companies Act 2013, Corporate Law, MCA 21

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.

DOWNLOAD 

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

Companies Act 2013, Corporate Law

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  

Companies Act 2013, Corporate Law

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

 

Companies Act 2013

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.

Companies Act 2013, Corporate Law

MCA AF2015 Extension Upto 30-11-2015 Relaxation of additional fees and Extension of last date of filing of AOC-4, AOC-4 XBRL and MGT-7 E-Forms under the Companies Act, 2013

MCA AF2015 Extension Upto 30-11-2015 Relaxation of additional fees and Extension of last date of filing of AOC-4, AOC-4 XBRL and MGT-7 E-Forms under the Companies Act, 2013
The Ministry of Corporate Affairs vide General Circular No. Circular No.14/2015 dated 28.10.2015has decided to relax the additional fee payable on forms AOC-4 and AOC-4 XBRL upto 30th November, 2015.
The additional fee requirement for MGT-7 E-Form is also relaxed for all such forms filed till 30th November, 2015, wherever additional fee is applicable.
The MCA Circular in this regard is enclosed.
Accordingly, the companies can now file these documents without additional fees till November 30, 2015.
Companies Act 2013, Corporate Law, MCA 21, MCA Rule

small company big company cash flow companies act 2013

BIG Company = Cash Flow cash flow
Small Co Sec 2 (85) as per Co act 2013 ‘‘small company’’ means a company, other than a public company,—
(i) paid-up share capital of which does not exceed fifty lakh rupees or such
higher amount as may be prescribed which shall not be more than five crore
rupees; or
(ii) turnover of which as per its last profit and loss account does not
exceed two crore rupees or such higher amount as may be prescribed which shall
not be more than twenty crore rupees:
Provided that nothing in this clause shall apply to—
(A) a holding company or a subsidiary company;
(B) a company registered under section 8; or
(C) a company or body corporate governed by any special Act;

Small Company

Big Company
Private Co Public CO
Paid Up Capital Up To or Less Than 50 Lacs Paid Up Capital More than 50 Lacs
Turnover upto 2 Cr and Less Than 2 Cr Turnover More Than 2 Cr
Both Paid and Turnover Condition Must be Satisfied Any Condition Paid and Turnover be Satisfied

Cash Flow

Definition 2(40)

  “financial statement” in relation to a company, includes— (i) a balance sheet as at the end of the financial year; (ii) a profit and loss account, or in the case of a company carrying on any activity not for profit, an income and expenditure account for the financial year; (iii) cash flow statement for the financial year; (iv) a statement of changes in equity, if applicable; and (v) any explanatory note annexed to, or forming part of, any document referred to in sub-clause (i) to sub-clause (iv) Provided that the financial statement, with respect to One Person Company, small company and dormant company, may not include the cash flow statement; It means all the companies whether private or public needs to include cash flow statement in its financial statement except the One Person Company, small company and dormant company. Now we have to check the definition of One Person Company, small company and dormant company
Not applicable to Applicable to
Small Co Public
OPC Listed
Dormant XBRL
BIG
Format Since the Companies Act, 2013 does not lay down any format for preparation of cash flow statement, companies will need to follow AS 3 in this regard. In respect of listed companies, the listing agreement requires the indirect method for preparing cash flow statements. Thus, under the Companies Act, 2013, non-listed companies will have a choice of either applying the direct or indirect method under AS 3 to prepare the cash flow statement. Due to the listing agreement requirement, that choice will not be available to listed companies