FAQ ON FORMS under Indian Companies Act, 2013
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FAQ ON FILING OF FORMS AND RETURNS UNDER COMPANY LAW (SELECT FORMS ONLY) CHANDIGARH CHAPTER OF NIRC OF ICAI Presented By AJAY GARG WITH NITIN RAWAT Team AGBians
description
Forms have become alphanumeric. Format are prescribed. Time limits are different for different forms. Things have become bit complicated. An attempt has been made to decode all the comlicacies
Transcript of FAQ ON FORMS under Indian Companies Act, 2013
FAQ ON FILING OF FORMS AND
RETURNS UNDER COMPANY LAW
(SELECT FORMS ONLY)CHANDIGARH CHAPTER OF NIRC OF ICAI
Presented ByAJAY GARG WITH NITIN RAWAT
Team AGBians
Team AGBians
Under CA1956, we used to work with single DSC
Will Single DSC still serve the purpose for Incorporation? If not then why?
DIGITAL SIGNATURE CERTIFICATE
Team AGBians
Under CA 1956, we never procured rather never asked such specific letters from Client Companies?
Why needed now? Is there any prescribed format? How can I preserve the same?
LETTER OF ENGAGEMENT AND AUTHORIZATION
Team AGBians
THE INCORPORATION SEEM TO BE VERY DIFFICULT TODAY AND TIME CONSUMING TOO
WHAT ARE THE FORMS RELATED TO INCORPORATION? AS A PROFESSIONAL WHAT PRECAUTONS SHALL I TAKE WHILE INCORPORATING COMPANY?
INCORPORATION WORRIES
Team AGBians
ANNUAL FILING 2013-14: WHETHER OLD FORMS OR NEW FORMS?
ARE THE FORMS 23AC, 23 ACA, 20B and 66 - THE RIGHT CHOICE? WILL THESE BE AVAILABLE AT THE TIME OF FILING? Circular No. 08/2014 and 22/2014
23AC/ACA
20B
66
Annual Filing
Team AGBians
Annual Filing 2014-15 Onward
OLD FORMS
Form 23AC Form 23 ACA
FORM - 20 B
FORM 66
NEW FORMS
AOC – 4
MGT – 7 (Annual Return) C No. 22/2014
MGT – 8 (Certificate from PCS)
MR – 3(SEC. AUDIT)
Special Resolution for Borrowing Powers – MGT14
Related Party Transactions – MGT14
Appointment / Regularization of Independent Directors – MGT14/DIR12
Appointment / Regularization of Woman Director – MGT14/DIR12
App./Reapp. of Auditor for 5 or less than 5 years – ADT1+GNL2
Remuneration of Cost Auditor
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NOTICE OF AGM
Existing KMP
Form MR – 1 (Return of Appointment)
Within 60 days of Appointment MGT – 14 (Registration of Resolution for appointment)
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EXISTING KMPs
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Appointment of KMP
Form MR – 1 (Return of Appointment)
Within 60 days of Appointment
From MGT – 14Form DIR - 12
NEW AND SUBSEQUENT KMPs
AUDITOR
Appointment of Auditor S-139
Format ADT – 1 Form GNL -2
Annexure: Consent and Eligibility Certificate
(Within 15 Days from the date of Meeting)
Responsibility Shifted on Company Team AGBians
AUDITOR
Resignation of Auditor S 140
Format ADT – 3Form GNL – 2
(Within 30 Days from the date of meeting to Company and ROC)
Responsibility of Filing on Auditor
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AUDITOR
Removal of Auditor S 140
Central Government Approval+ Shareholders Approval
Format ADT – 2Form GNL - 1
General Meeting – within 60 Days from receipt of approval
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PURPOSE
SAVING ELIGIBILITY TO BECOME DIRECTOR 164(2)(a)
REGULARIZATION OF IRRGEUALR COMPANY
TO PROCURE STATUS OF DORMANT COMPANY
TO AVAIL FAST TRACK EXIT SCHEME
FORM – CLSS -2014 G.C 34/2014 Team AGBians
COMPANY LAW SETTLEMENT SCHEME
Eligible Forms
Form 20B, 21A
Form 23AC , 23ACA, 66, 23B
Form FTE
Form MSC – 1
Team AGBians
COMPANY LAW SETTLEMENT SCHEME
EARLIER THE CONCEPT OF DORMANT COMPANY WAS NOT THERE. MANY OF MY CLIENTS HAVE MORE THAN ONE COMPANY BUT THEY DO NOT FORESEE BUSINESS ACTIVITIES IN SOME OF SUCH COMPANIES IN NEAR FUTURE
WHICH FORM I NEED TO FILE TO TAKE ADVANTAGE OF DORMANT COMPANY STATUS?
Team AGBians
DORMANT COMPANY
DORMANT COMPANY
Application for status of Dormant Co.
Form MSC – 1 with GNL - 1Form MGT – 14
Certificate from ROC
Format – MSC – 2
Return of Dormant Co.
Form MSC - 3
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DORMANT COMPANY
APPLICATION FOR STATUS OF ACTIVE CO.
Format MSC – 4 with GNL - 1Form MGT – 14
CERTIFICATE FROM ROC
Format – MSC – 5
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Documents: •No Objection Certificate•Board Resolution Copy•Application for striking off•Address Proofs of Directors•Annexure –A : Affidavit (to be given individually by every Director)•Annexure –B : Indemnity Bond (to be given individually or collectively by every Director)•Annexure –C : Statement of Accounts < one month old
Form: FTEFees : Rs. 5000/-
Team AGBians
FAST TRACK EXIT
Change in Shareholding PatternSection -93
Form MGT - 10 Listed companies to be more vigilant and informative
Reporting 15 days
Change in shareholding pattern of
•Promoters
•Top 10 shareholders
WHAT’S NEW – LISTED ENTITY
Team AGBians
Report on AGMSection -121
Format MGT - 15
Reporting 30 days
AGM Happenings No format prescribed till now
WHAT’S NEW – LISTED ENTITY
Team AGBians
Team AGBians
LATE FILING COMPOUNDING
Filing of any Form – Within 15/30 Days as may be prescribed+270 Days (S - 403)Form - GNL -1
FORM FOR COMPOUNDING
Form Related Issues – Solutions?
Write to mcahelpdesk
Call to MCA HelpDesk at : 0124- 4832500
Raise the ticket for individual problems
E-mail the difficulty to MCA officers involved in project: Mr. Sanjay Gupta ; Mr. Anil Kumar Bhardwaj
Write to officers of Infosys [email protected] / [email protected] Team AGBians
Certification - Precautions
• Complete set of Annexures.• Scan Impression -Clear and Readable • False, Misleading, Omission, Incomplete
Information• Counter Certificates – for gaps, if any• Attach Explanation wherever any aspect is
missing.GC No.
10/2014 Dt. 07/05/2014
Team AGBians
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