Rule 7 of chapter 24 of companies act, 2013 – MCA

Related imageManner and Conditions of Filing

Every application, financial statement, prospectus, return, declaration, memorandum, articles, particulars of charges, or any other particulars or document or any notice, or any communication or intimation required to be filed or delivered or served under the Act and rules made there under, shall be filed or delivered or served in computer readable electronic form, in portable document format (pdf) or in such other format as has been specified in any rule or form in respect of such application or form or document or declaration to the Registrar through the portal maintained by the Central Government on its web-site or through any other website notified by the Central Government:

Provided that where the documents are required to be filed on Non-Judicial Stamp Paper, the company shall submit such documents in the physical form, in addition to their submission in electronic form, unless the Central Government, by an order, does not require submission in physical form and proof of delivery of documents submitted in physical form shall be scanned and form part of attachment to the e-form.

Provided further that if stamp duty on such documents is paid electronically through the portal maintained by the Central Government or through any other website notified by the Central Government, then, the company shall not be required to make physical submission of such documents, in addition to their submission in the electronic form:

Provided also that in respect of certain documents filed under the Act which are not covered for payment of stamp duty through the portal of the Central Government, and stamp duty payable on such documents in the respective State is equal to or less than one hundred rupees, the company shall scan such stamped documents complete in all respects and shall file electronically for evidencing by the Registrar and shall not be required to submit such documents, except those which are required to be filed for compounding of offences or adjudication of penalties or applications to Central Government or Regional Director in the physical form separately:

Provided also that unless otherwise stated in any law for the time being in force, the company shall retain such documents duly stamped in original permanently for the documents relating to incorporation and matters incidental thereto, changes in any of the clauses of the Memorandum and Articles of Association and in other cases for a minimum period of eight years from the date of filing of the documents and shall be required to produce the same as and when the same is required for inspection and verification by the competent authority under any law for the time being in force:

Provided also that any correspondences (physically or electronically) and documents to be filed by any person shall contain name, designation, address, membership number or Director Identification Number, as the case may be, of the person signing such document and make sure correctness thereof and in no case, correspondence, merely with signature and writing authorised signatory shall be acceptable.

Provided also that no request for recording any event based information or changes shall be accepted by the Registrar from such defaulting companies, unless they file their updated Balance Sheet and Profit and Loss Account and Annual Return with the Registrar of Companies except,-

(i) filing of order of Court or other authorities,

(ii) Balance Sheet and Profit and Loss Account,

(iii) Compounding application,

(iv) Form for transfer of money to Investor Education and Protection Fund,

(v) Application for removal of the Auditor and

(vi) GNL-1 for making company active.

E-Companies Act, 2013 – Absolutely Free

83Hello everyone, Trust all of you enjoying our updates. Today I would like to share a link which is provided by Ministry of Corporate Affairs (MCA). Now MCA provide E-Companies Act, 2013 absolutely free for all stakeholders. It means no need to buy paid software’s to access companies act. Brief details regarding this link are below:-

  • Full updated version with chapter vise section details.
  • Search option (By Section or Content)
  • Companies Rule
  • Effective Dates
  • Latest Notification/Circulars
  • Easy access without login of any account

Click here to open E-Companies Act, 2013

Click here to open Companies Rules

Click here to open effective date of sections

Click here to open Notifications / Circulars

 

 

MCA Upload Defaulting Status of All Companies..!!

Image result for mca master dataMCA has updated all the master data by adding defaulting status. If any company is in default for annual filing for the year 2015-16 than MCA mark it as a defaulting.

Example – “Default Status – Defaulting in filing of Annual Return and Balance Sheet for the financial year 2015 – 2016”

Jan to Dec. is new financial year – Madhya Pradesh

Image result for Change financial yearThe Cabinet of the Government of Madhya Pradesh has approved the proposal to change the financial year. After this decision, Madhya Pradesh has become the first state in the country, where the financial year has been changed.

After this decision, now Madhya Pradesh’s financial year will be from January to December, which lasted from April to March. After this, the Madhya Pradesh government will present its budget in December. Let me tell you that the proposal to change the fiscal year was first put by the Prime Minister of India Narendra Modi. At the same time the Cabinet of Madhya Pradesh has also approved the proposal to give Narmada river status to live heritage.

Aadhaar is mandatory for all stakeholders – MCA

MCA Notice

Image result for aadhaarMCA is actively considering Aadhaar Integration for availing various MCA21 related services. As a preparatory step, all individual stakeholders viz. DIN holders /Directors/ Key Managerial Personnel/ Professionals of the Institute of Company Secretaries of India-Institute of Chartered Accountants of India-Institute of Cost Accountants of India (whether in employment or in practice) are requested to obtain Aadhaar as early as possible for integrating their details with MCA21 and also ensure that the information in Aadhaar is in harmony with PAN. When implemented, all MCA21 services shall be available based on Aadhaar based authentication ONLY. The date of Aadhaar integration with MCA21 would be announced shortly. Stakeholders are requested to plan accordingly on PRIORITY so as to avoid future inconvenience.

List of 53312 Companies Not Been Carrying Business From Last 2 Years – DELHI ROC

1Hello everyone,

Hope all of you enjoy our updates. As per recent public notice of Delhi – ROC under section 248 of companies act, 2013. Delhi ROC issued list of 53312 Companies Not Been Carrying Business From Last 2 Years. Kindly take this matter on serious note to save your clients from legal liabilities.

Public Notice

In the matter of striking off of companies under section 248 (1) of the Companies Act, 2013, of following Companies in table A’,

1. Notice is hereby given that the Registrar of Companies has a reasonable cause to believe that —

(i) The following companies have not commenced business within one year of their incorporation. NIL

(ii) The following companies mentioned in Table “A” (List of 53312 Nos. Companies enclosed) have not been carrying on any business or operation for a period of two immediately preceding financial years and have not made any application within such period for obtaining the status of dormant company under section 455.

And, therefore, proposes to remove/strike off the names of the above mentioned companies from the register of companies and dissolve them unless a cause is shown to the contrary, within thirty days from the date of this notice.

2. Any person objecting to the proposed removal/striking off of name of the companies from the register of companies may send his/her objection to the office address mentioned here-above within thirty days from the date of publication of this notice.

Click here to view List.

Regards | CS Sukhwinder Singh | 9999939069

Stamp Duty On Issue of Shares – Haryana

Image result for stamp dutyIn Schedule 1-A to the principal Act, under column “Proper Stamp Duty”,

(i) Against article 19, for the existing entry, the following entry shall be submitted namely:-

“One rupee for every one thousand or a part thereof, of the value of the shares, scrip or stock”.

(ii) Against article 27.

(a) in clause (a), for the existing entry the following entry shall be submitted , namely:–
“0.05% per year of the face value of the debenture subject to the maximum of 0.25%”.

(b) in clause (b), for the existing entry shall be substituted namely —
“0.05% per year of the face value of the debenture, subject to the maximum of 0.25%”.

(iii) against article 48—
(a) in clause (a), for the existing entry, the following entry shall be substituted, namely:–

“Three hundred rupees”.
(b) in clause (b), for the existing entry, the following entry shall be substituted, namely:–
“Three hundred rupees”.

(c) in clause (c), for the existing entry, the following entry shall be substituted, namely:–
“Three hundred rupees”.

(d) in clause (d), for the existing entry, the following entry shall be substituted, namely:–
“Five hundred rupees”.

(e) in clause (e), for the existing entry, the following entry shall be substituted, namely:–
“One thousand rupees”, and

(f) in clause (g), for the existing entry, the following entry shall be substituted, namely:- “One hundred rupees for each person authorized”.

Click here to download Revised Stamp Duty in Haryana