Friday 3 June 2016

MCA extends relaxation of Addl. Fees till 30th June, 2016

MCA announced relaxation of additional fees and extension of time and filing of e-Forms by the Companies under Companies Act, 2013 and for filing of Annual Return (Form 11) by the LLPs under the Limited Liability Partnership Act, 2008. Read more at:

http://www.mca.gov.in/Ministry/pdf/GeneralCircular07_31052016.pdf

MCA notifies constitution of NCLT & NCLAT in place of CLB from 1st June, 2016

The Ministry of Corporate Affairs has issued notification for constitution of the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) with effect from today i.e. 1st June, 2016. Hon’ble Justice S.J. Mukhopadhaya, Judge (Retd.), Supreme Court of India has joined as the Chairperson of the NCLAT and Hon’ble Justice M.M.Kumar, Judge (Retd.) has joined as the President of the NCLT. 

With the constitution of the NCLT, the Company Law Board constituted under the Companies Act, 1956 stands dissolved. 

Initially, NCLT will have eleven Benches, two at New Delhi and one each at Ahmedabad, Allahabad, Bengluru, Chandigarh, Chennai, Guwahati, Hyderabad,Kolkata and Mumbai. 

The detailed notification can be accessed at the links below:

http://www.mca.gov.in/Ministry/pdf/Notification_02062016_II.pdf 

http://www.mca.gov.in/Ministry/pdf/Notification_02062016_I.pdf 






Tuesday 17 May 2016

MCA extends the date for Addl. Fees waiver till 10.06.2016

MCA has extended the period for which the one time waiver of additional fees
is applicoble to all e-forms which are due for filing by companies between the 25th
March 2016 upto 31st May 2016 as well as extend the last date for filing such
documents and availing the benefit of waiver to 10.06.2016. To download the Circular click below:
http://www.mca.gov.in/Ministry/pdf/General_circular_16052016.pdf

Thursday 28 April 2016

Why-the-MCA21-portal-is-a-pain-to-use

http://www.livemint.com/Companies/RaT3ci2PpOjCKazJSdnakN/Why-the-MCA21-portal-is-a-pain-to-use.html?facet=print

Monday 18 April 2016

MCA - FAQs on filings

MCA released  8 FAQs on various forms:

​e.g.
Which eforms can I file as attachments with GNL-2? 

Annual filing eforms under the Companies Act, 1956 viz. 23AC/ACA, 23AC/ACA-XBRL, 20-B, 21-A, Form 66, I-XBRL, A-XBRL, 23B, 23C and 23D would be made available shortly for filing purposes. Users are requested not to file these forms as attachments with GNL-2 eforms.  

Pls visit the following links for rest of FAQs:

http://www.mca.gov.in/Ministry/pdf/Stakeholder_FAQ_18042016.pdf

MCA - Companies Amendment Bill 2016 goes to Standing Committee

The Bill seeking to make further amendments to the Companies Act has been referred to the Parliamentary Standing Committee, which is expected to prepare its report within three months. Corporate Affairs Minister Arun Jaitley had introduced the Companies (Amendment) Bill, 2016 on March 16 in the Lok Sabha. After taking into consideration suggestions made by a high level panel on further possible changes to the law, the government came up with the Bill as part of larger efforts to address difficulties faced by stakeholders and improve the the ease of doing business in the country. Lok Sabha Speaker Sumitra Mahajan has referred the Bill to the Standing Committee on Finance, which is chaired by senior Congress leader Veerappa Moily. The Speaker has referred the Companies (Amendment) Bill, 2016, as introduced in the Lok Sabha to the Standing Committee on Finance for examination and report within three months, according to the latest Lok Sabha bulletin. This would be the second time that Prime Minister Narendra Modi-led government would be amending the Companies Act, 2013 which was passed during the previous UPA regime. 

Read more at: http://www.moneycontrol.com/news/economy/companies-amendment-bill-goes-to-standing-committee_6274281.html?utm_source=ref_article

Thursday 24 March 2016

MCA - Information on EForms on new portal w.e.f. 27.03.2016

The Company e-Forms are being revised on MCA portal effective 27th March 2016. You are advised to download the latest version of forms from ‘Company Forms Download’ page on the MCA portal. The previous version of Company e-forms will not be compatible with the new MCA21 portal.

The existing Company Forms have been revised.

1. The following eForm will not be available in the new MCA21 portal temporarily.


  • CRA-4 and Refund forms are expected to be made available by 11th April 2016 and 25th April, 2016 respectively. 


  • The timelines for 23 C, 23 D, I-XBRL and A-XBRL will be confirmed subsequently. a. CRA 4 - Form for filing Cost Audit Report with the Central Government. b. 23 C - Form of application to the Central Government for appointment of cost auditor. c. 23 D - Information by cost auditor to Central Government d. I-XBRL - Form for filing XBRL document in respect of cost audit report and other documents with the Central Government e. A-XBRL - Form for filing XBRL document in respect of compliance report and other documents with the Central Government f. Refund - Application for requesting refund of fees paid.
2. The following new e-forms will come into effect immediately :

  • a. CHG-8 (previously attachment) b. INC-12 (previously attachment) c. Investor Complaint eform d. Serious Complaint eform 

3. The following new e-forms will come into effect from the date of notification(to be notified later):

  • a. IEPF-1 - Statement of amounts credited to Investor Education and Protection Fund b. IEPF-2 - Statement of unclaimed or unpaid amounts c. IEPF-3 - Statement of shares and unclaimed or unpaid dividend not transferred to the Investor Education and Protection Fund d. IEPF-4 - Statement of shares transferred to the Investor Education and Protection Fund e. IEPF-5 - Application to the Authority for an order for payment of dividend etc. out of the Fund f. IEPF-6 - Statement of shares and unclaimed or unpaid amounts to be transferred to the Investor Education and Protection Fund   

4. The following eForms should be filed as attachments with GNL-2 from the date of notification (to be notified later):

  • a. 23 AC - Form for filing balance sheet and other documents with the Registrar b. 23 AC- XBRL - Form for filing XBRL document in respect of balance sheet and other documents with the Registrar c. 23 ACA - Form for filing Profit and Loss account and other documents with the Register d. 23 ACA-XBRL - Form for filing XBRL document in respect of Profit and Loss account and other documents with the Registrar e. 20B - Form for filing annual return by a company having a share capital with the Registrar f. Form 66 (Until FY 2014) - Form for submission of compliance certificate with the Registrar g. 21 A - Particulars of annual return for the company not having share capital h. 23 B - Information to the Registrar by company for appointment of auditor 

5. Kindly note a new Service ‘Upload Details of Security Holders/Debenture Holders/Depositors’ has been introduced for uploading relevant details of Security Holders/Debenture Holders/Depositors for forms MGT-7, PAS-3 and DPT-4 in excel instead of submitting CD to concerned RoC office. These forms will not be approved if details are not uploaded using this service.

6. The following eforms are withdrawn : a. 1INV - Statement of amounts credited to investor education and protection fund. b. 5INV - Statement of unclaimed and unpaid amounts. c. Investor Complaint Form – a new version has been released.

Central Registration Centre to process Incorporation forms



[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (ii)]

GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS

Notification

New Delhi, 23rd March, 2016

S.O. (E) In exercise of the powers conferred by sub-sections (1) and (2) of section 396 of the Companies Act, 2013 (18 of 2013) (hereinafter referred to as the Act), the Central Registration Centre (herein after referred to CRC) established vide notification number. S.O. 218(E) dated 22nd January 2016 shall also exercise functional jurisdiction of processing and disposal of e-forms and all related matters pertaining to registration of companies under section 7, 8 and 366 of the Companies Act, 2013 having territorial jurisdiction all over India.

2. The CRC shall process forms pertaining to registration of companies i.e. e-forms (INC-2, INC-7 and INC-29 along with linked forms INC-22, DIR-12 and URC-1 and any other forms as may be notified by the Central Government) filed along with the prescribed fee as provided in the Companies (Registration of Offices and Fees) Rules, 2014 .

3. The jurisdiction, processing and approval of name or names proposed in e-Form number INC-29 hitherto exercised by the respective Registrar of companies having jurisdiction over incorporation of companies under the Companies Act, 2013 and the rules made thereunder shall forthwith be exercised by Registrar, CRC.

4. The jurisdictional Registrar of companies, other than Registrar CRC, within whose jurisdiction the registered office of the company is situated shall continue to have jurisdiction over the companies incorporated by the Registrar, CRC under the Companies Act, 2013 for all other provisions of the Act and the rules made thereunder, which may be relevant after incorporation.

5. This notification shall come into force from 28th March,2016.

[F.No. A-42011/03/2016.-Ad.11]

(Manoj Kumar)

Joint Secretary to the Govt. of India

Friday 18 March 2016

MCA INFORMATION

MCA - INFORMATION

In our continuous endeavor to serve you better, the Ministry of Corporate Affairs will launch a new MCA21 portal for Company users.

The new portal is likely to be launched on 27th March 2016. To facilitate implementation of the new portal, the offline payment methods – Challan, NEFT, Pay Later – will be disabled for Company services effective Saturday, 19th March 2016. Stakeholders are advised to make use of online payment methods until the new portal is launched.  

Tuesday 1 March 2016

Budget 2016: Companies Act to be amended for greater ease of business

A bill to amend the Companies Act will be introduced in the current session of Parliament for greater ease of doing business, including for facilitating registration of a new company in just one day, Finance Minister Arun Jaitley said on Monday.

Presenting the Union Budget for 2016-17, Jaitley said the proposed bill to amend the Companies Act 2013 will remove the difficulties and impediments to ease of doing business.

PPF stays on exemption list, only EPF interest to attract tax

Budget 2016: PPF stays on exemption list, only EPF interest to attract tax http://economictimes.indiatimes.com/wealth/tax/budget-2016-ppf-stays-on-exemption-list-only-epf-interest-to-attract-tax/articleshow/51206058.cms via The Economic Times App(Download Now): http://ecoti.in/etapps

Thursday 4 February 2016

MCA - Notice inviting Comments on the Report of the Companies Law Committee dated 1st February, 2016

The Ministry of Corporate Affairs had, on 4th June, 2015, constituted a Companies Law Committee (CLC) to make recommendations on issues arising from the implementation of the Companies Act, 2013 and on the recommendations received from the Bankruptcy Law Reforms Committee, the High Level Committee on CSR, the Law Commission and other agencies. The CLC has submitted its Report to the Government on 1st February, 2016 which has been placed on the website of the Ministry of Corporate Affairs (MCA). 

The report is available at the following link

http://www.mca.gov.in/Ministry/pdf/Report_Companies_Law _Committee_01022016.pdf

It has been decided to invite comments/suggestions on the said Report from all the stakeholders through an online facility made available on the MCA website upto 15th February, 2016. It is requested that comments/suggestions on the Report may be provided through such facility by 15th February, 2016. Comments/suggestions should be with specific reference to one or more paragraphs of the Report of the CLC and should be submitted through the online facility only. Suggestions not related to the paragraphs will not be taken on record. In order to avoid repetition/duplication of comments/suggestions, the members/ patrons of the Professional Institutes/ Councils/ Industry Chambers should route their comments/ suggestions through respective Institute/Council/Chamber. 

Monday 1 February 2016

Foreign Direct Investment –Reporting under FDI Scheme, Mandatory filing of form ARF, FCGPR and FCTRS on e-Biz platform and discontinuation of physical filing from February 8, 2016

RBI/2015-16/303
A.P. (DIR Series) Circular No. 40

February 01, 2016

To

All Category - I Authorised Dealer Banks

Madam / Sir,

Foreign Direct Investment –Reporting under FDI Scheme, Mandatory filing of
form ARF, FCGPR and FCTRS on e-Biz platform and discontinuation of
physical filing from February 8, 2016

Attention of Authorised Dealers Category-I (AD Category - I) banks is invited to the provisions of the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations 2000, notified by the Reserve Bank vide Notification No. FEMA 20/2000-RB, dated 3rd May 2000, as amended from time to time. Attention of AD Category – I banks is also invited to A.P. (DIR Series) Circular No.102 dated February 11, 2014; A.P. (DIR Series) Circular No.6 dated July 18, 2014; A.P.(DIR Series) Circular no.77 dated February 12, 2015; A.P.(DIR Series) Circular No. 95 dated April 17, 2015 andA.P.(DIR Series) Circular No.9 August 21, 2015.

2. With a view to promoting the ease of reporting of transactions related to Foreign Direct Investment (FDI), the Reserve Bank of India, under the aegis of the e-Biz project of the Government of India has enabled online filing of the following returns with the Reserve Bank of India viz.

- Advance Remittance Form (ARF) which is used by the companies to report the FDI inflows to RBI;

- FCGPR Form which a company submits to RBI for reporting the issue of eligible instruments to the overseas investor against the above mentioned FDI inflow; and

- FCTRS Form which is submitted to RBI for transfer of securities between resident and person outside India.

3. At present both the options, i.e. online filing and physical filing of abovementioned forms, are available to the users.

4. Based on the experience it has been decided that beginning February 8, 2016 the physical filing of forms ARF, FCGPR and FC-TRS will be discontinued and forms submitted in online mode only through e-Biz portal will be accepted.

5. AD Category-I banks may bring the contents of this circular to the notice of their customers / constituents concerned. They are advised to extend necessary guidance/ assistance to their constituents for uploading the abovementioned forms on the e-Biz platform.

6. The directions contained in this circular have been issued under section 10(4) and 11(1) of the Foreign Exchange Management Act (FEMA), 1999 (42 of 1999) and are without prejudice to permissions / approvals, if any, required under any other law.

Yours faithfully,

(B. P. Kanungo)
Principal Chief General Manager
http://www.rbi.org.in/scripts/NotificationUser.aspx?Id=10248&Mode=0

Monday 25 January 2016

MCA allows vague, not related to object/ Activity/ person, misleading impression giving name application

As  per  Companies  incorporation  Rules,  2014  following  names  which  were  earlier  not  allowed  to  be applied  or  considered  undesired    for  incorporation  of  Companies  under  Companies Act,  2013  are  now allowed  to  be  applied  vide  relaxation  given  vide  Notification  No.  G.S.R.    (E).-  dated  22.01.2016. 1)    it  is  not  in  consonance  with  the  principal  objects  of  the  company  as  set  out  in  the  memorandum  of association;  Provided  that  every  name  need  not  be  necessarily  indicative  of  the  objects  of  the company,  but  when  there  is  some  indication  of  objects  in  the  name,  then  it  shall  be  in  conformity  with the  objects  mentioned  in  the  memorandum; 2)  the  proposed  name  is  vague  or  an  abbreviated  name  such  as  ‘ABC  limited’ or  ‘23K  limited’ or  ‘DJMO’ Ltd:  abbreviated  name  based  on  the  name  of  the  promoters  will  not  be  allowed.  For  example:-  BMCD Limited  representing  first  alphabet  of  the  name  of  the  promoter  like  Bharat,  Mahesh,  Chandan  and David: 3)    it  is  intended  or  likely  to  produce  a  misleading  impression  regarding  the  scope  or  scale  of  its activities  which  would  be  beyond  the  resources  at  its  disposal: 4)    If  any  company  has  changed  its  activities  which  are  not  reflected  in  its  name,  it  shall  change  its name  in  line  with  its  activities  within  a  period  of  six  months  from  the  change  of  activities  after complying  with  all  the  provisions  as  applicable  to  change  of  name. 5)  In  case  the  key  word  used  in  the  name  proposed  is  the  name  of  a  person  other  than  the  name(s)  of the  promoters  or  their  close  blood  relatives,  No  objection  from  such  other  person(s)  shall  be  attached with  the  application  for  name.  In  case  the  name  includes  the  name  of  relatives,  the  proof  of  relation shall  be  attached  and  it  shall  be  mandatory  to  furnish  the  significance  and  proof  thereof  for  use  of coined  words  made  out  of  the  name  of  the  promoters  or  their  relatives.

Ministry of Corporate Affairs sets up Central Registration Centre (CRC) on Republic Day 

Press Information Bureau 
Government of India
Ministry of Corporate Affairs
25-January-2016 11:54 IST

Ministry of Corporate Affairs sets up Central Registration Centre (CRC) on Republic Day 

The Ministry of Corporate Affairs has taken the initiative in Government Process Re-engineering (GPR) and launched the Central Registration Centre (CRC), on the occasion of Republic Day 2016, with the specific objective of providing speedy incorporation related services within stipulated time frames which are in line with international best practices.

The GPR involves a three pronged approach of further automating some of the approval processes by utilizing advanced software tools & engines, rationalising and modifying some of the rules and engaging professionals to expedite the process of manual scrutiny.

In the first phase, the CRC will process applications for name availability (INC-1 e-forms) submitted on line across the country and endeavour to process these by the end of next working day. Operations of the CRC will formally commence w.e.f.  27 January 2016 and more services will be rolled out progressively.

 

The GPR exercise is in pursuance of the ministry’s objective of providing greater “Ease of Doing Business” to corporates and is expected to result in speedier processing of incorporation related applications, uniformity in application of rules, eradicating discretion. It will also be supplemented by intensive monitoring aimed at providing timely approvals.  

 

 

*****

 

DSM/MAM/KA

 

 

 

Sunday 10 January 2016

Grace period of 5 days to deposit PF removed

The EPFO has issued EPF Circular No. WSU/9(1)2013/Settlement/35031 dt. 8 Jan., 2016, removing the grace period of 5 days for depositing PF and hence Feb., 2016 onwards the due date shall be 15th instead of 20th. This will have impact on Tax audit report