http://www.mca.gov.in/Ministry/pdf/GeneralCircular07_31052016.pdf
Friday, 3 June 2016
MCA extends relaxation of Addl. Fees till 30th June, 2016
http://www.mca.gov.in/Ministry/pdf/GeneralCircular07_31052016.pdf
MCA notifies constitution of NCLT & NCLAT in place of CLB from 1st June, 2016
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
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
Read more at: http://www.moneycontrol.com/news/economy/companies-amendment-bill-goes-to-standing-committee_6274281.html?utm_source=ref_article
Thursday, 14 April 2016
MCA - Relaxation in Addl. Fees .will be effective from 18.04.2016
Thursday, 24 March 2016
MCA - Information on EForms on new portal w.e.f. 27.03.2016
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.
- 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
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 report is available at the following link
http://www.mca.gov.in/Ministry/pdf/Report_Companies_Law _Committee_01022016.pdf
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