|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
Rs. 100 per day from 01st July 2018
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
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
5TH FLOOR ‘A’ WING, SHASTRI BHAWAN, NEW DELHI.
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
WITH REFERENCE TO THE SUBJECT CITED
- 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.
- 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.
- THE ROCS ALREADY HAVE FACILITY TO ADD SIGNATORY DETAILS FROM THE BACK END WITH THE APPROVAL OF RD.
- 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.
(SANJAY KUMAR GUPTA)
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Deposited Accepted before 1-4-2014
From members / Director Relative Is Permissible under the New Act
AS Per This Circular Any Deposit Accepted From
Hold As on 01-04-2014 Are also Exempted In the New Act.
But If any one Taken it After 1-4-2014 It is not Exempted
Subject To Necessary Disclosure In the Financial Statement
As per the circular issue relaxation is provided to private companies who have accepted loans from their members, Directors and Relatives of Directors before 1st April,2014.
To avail the benefit the companies are required to make disclosure about unsecured loans accepted from their members ,Directors and Relatives of Directors for unsecured Loans accepted before 1st April,2014.
General Ctrcular No. O5/2O15 F. No. 1/8/2013-CL-V Government of India Ministry of Corporate Affairs sth Floor, A Wing, Shastri Bhavan, Dr R.P. Road, New Delhi. Datedt 3otn Match, 2Ol5 To All Regional Directors, All Registrars of Companies, All sta.keholders. Subject: Amounta recelved by prlvate companles frorrr their membete, dlrectora or thelr relatlves before l.t Aprll, 2014 – Clarlflcatlon regardlag appllcability of Companles (AcceptlDce of Depo3ltsl Rule8.20l4 Sir, Stakeholders have sought clarifications as to whether amounts received by private companies from their members, directors or their relatives prior to 1st April, 2014 shall be considered as deposits under the Companies Act, 2013 as such amounts were not treated as ‘deposits’ under section 58A of the Companies Act, 1956 and rules made thereunder. 2.The matter has been examined in consultation with RBI and it is clarified that such amounts received by private companies prior to 16t April, 2Ol4 shall not be treated as ‘deposits’ under the Companies Act,2013 and Companies (Acceptance of Deposits) Rules, 2014 subject to the condition that relevant private company shall disclose, in the notes to its financial statement for the financial year commencing on or after lsi April, 2014 the figure of such amounts and the accounting head in which such amounts have been shown in the fi nancial statement. 3. Any renewal or acceptance of fresh deposits on or aiter 1st April, 2014 shall, however, be in accordance with the provisions of Companies Act, 20 13 and rules made thereunder. 4.This issues with the approval of the competent authority. Y
ours faithfullv. ri, I lrlJlsalky”n,nt