Imposing Fees on Certain E-Forms Filed with ROC, RD OR MCA(HQ) under MCA-21 Where at Present No Fee is Prescribed

The Ministry of  Corporate Affairs has decided to impose a certain amount of fee on the following forms at the rates indicated in table below:-

S.No.	Form No.	Particulars of the Form	Fee Applicable
1	Form 1 of Investor Education & Protection Fund Rule	Statement of amounts credited to Investor Education and Protection Fund	As per Schedule X to the Act.
2	Form 23B	Information by statutory auditor to the Registrar of companies Act, 1956 pursuant to section 224(1)(a) of the Companies Act, 1956	As per Schedule X to the Act.
3	Form 24A	Information by statutory auditor to the Registrar of companies Act, 1956 pursuant to section 224(1)(a) of the Companies Act, 1956.	As per Companies (Fee onApplication) Rules,1999
4	Form 36	Receiver’s or manager’s abstract of receipts and payments (charge related form)	As per Schedule X to the Act.
5	Form 61	Application to RoC-(a) Compounding of Offences u/s 621A (b) Application for extension of Annual General Meeting upto 3 months u/s 166 of the Act (c) Application for extension of time for preparation of Annual Accounts upto 18 months u/s 220 of the Act. (d) Others	a)As per Companies (Fee onApplication) Rules, 1999(b) -Do- (c) -Do- (d) -Do-
6	Form 62	Form for submission of misc.documents under the below mentioned rules: (a) Form 154 of the companies (Court) Rules, 1959 (b) Form 157 of the companies (Court) Rules, 1959 (c) Form 158 of the Companies (Court) Rules, 1959	As per Schedule X tothe Act.
7	Form 65	Application to the Central Govt (HQ)-(a)Application pursuant to rule 2 of the Companies (Application for Extension of Time or Exemption under Subsection (8) of Section 58A) Rules, 1979. (b) Information and explanation on reservations and qualification contained in the cost audit report by a company	(a) as per Companies(Fee onApplication) Rules, 1999 (b) Nil (c) as per Companies (Fee on Application) Rules, 1999

This fee is effective from July 22, 2012. Prior to it  no fee was levied for forms.

Investor Education and Protection Fund (Uploading of information regarding unpaid and unclaimed amounts lying with companies) Rules, 2012

Investor Education and Protection Fund (Uploading of information regarding unpaid and unclaimed amounts lying with companies) Rules,2012, has mandated every company to file eForm 5INV containing the information of unclaimed and unpaid amounts as referred to in subsection

(2) of section 205C of the Companies Act, 1956.

This information is required to be filed every year within a period of 90 days after the holding of Annual General Meeting or the date on which it should have been held as per the provisions of section 166 of the Act, and every year thereafter till completion of the seven years’ period.

The information is to be filed in Form 5- INV as per the above mentioned rules; and thereafter an excel sheet containing detailed investor wise details is to be filed separately.

The Notice dt. 18.05.2012 & the Notification notifying the above Rules dt. 10.05.2012 are attached 

IEPF (Uploading of Info etc.) Rules, 2012

IEPF Notice 18 May 2012

MCA - Last date for filing DIN 4 extended

The last date for filing Form DIN-4 by DIN holders for furnishing their Income tax PAN and to update Income- tax PAN details has been extended up to 29th February, 2012. 


For details kindly see General Circular No: 70/2011 by clicking the link below :


http://www.mca.gov.in/Ministry/pdf/General_Circular_No_70_2011.pdf

MCA - CLSS - 2011 Scheme extended

The Ministry of Corporate Affairs (MCA) has vide its General Circular No. 71/2011 extended the last date for availing benefit under Company Law Settlement Scheme (CLSS), 2011 up to 15th January, 2012. The MCA has further stated that this Scheme will not be extended beyond 15th January, 2012. A copy of the General Circular No: 71/2011 is available on MCA portal under News & Events and under heading Act, Bills and Rules or may be downloaded at the link:

http://mca.gov.in/Ministry/pdf/General_Circular_No_71_2011.pdf

MCA Circular 63-2011 dt. 06.09.2011: Compliance of the provisions of Companies Act, 1956 and Rules made thereunder

MCA had issued General Circular No. 33/2011 dated 01.06.2011 wherein it was informed that in order to ensure corporate governance and proper compliances of provisions of Companies Act, 1956, no request, whether oral or in writing or through e-forms, for recording any event based information / changes shall be accepted by the Registrar of Companies from such defaulting companies, unless they file their updated Balance Sheet and Profit & Loss Accounts and Annual Return with the Registrar of Companies.

However, in the interest of stakeholders certain event based information /changes were being accepted by the Registrar from such defaulting companies. Now, on the requests received from various quarters of the corporates & professionals, following forms will also be accepted by the Registrar.

(a) Filing by Directors of defaulting Companies in respect of such companies:-

Form 2, Form 3, Form 5, Form 23 and Form 61

(b) Filing by Directors of defaulting Companies in respect of Companies having the status of Dormant Companies.

Form 61, DIN-3, Form 32,

Form 21 and Form FTE

(c) Filing by Directors of defaulting Companies in respect of Companies having the status as active in progress companies

DIN-3, Form 32,

Form 2, Form 3, Form 5, Form 21, Form 23, Form 61, Form 23AC, Form 23ACA, Form 20B, Form 21A, Form 66, Form 23 B, Form FTE

This Circular shall be effective from 18th Sept, 2011.

The Circular is available at the following link:-

http://mca.gov.in/Ministry/pdf/Circular_63-2011_06sept2011.pdf

 

MCA introduces Company Law Settlement Scheme, 2011 for default in filing of Annual Return, Balance Sheet, P/L a/c, & Compliance Certificate

MCA vide its Circular No. 59/2011 dt. 05.08.2011 has announced introduction of Company Law Settlement Scheme, 2011 under which Companies who have not done annual filings can do so belatedly with only 25% of Addl. Fees. This Scheme shall be in force from 12.08.2011 to 31.10.2011.

The relevant Circular can be accessed from the following link.

http://www.mca.gov.in/Ministry/pdf/Circular_59-2011_05aug2011.pdf

MCA - New Name Availability Guidelines 2011

The MCA has issued a Circular on Name Availability on 8th July, 2011. As per new Circular No 45/2011 related to Name Availability, now applicant who is certifying Form 1A will give declaration that he has used MCA search facility that name is in not close resemblance under the provisions of section 20 of the Companies Act, and applicant will give declaration that the applied names are not infringing the registered trademark or violating provisions of Emblems & Names Act or also not hurting any section of people and also this declaration will cover that he has understood the name availability guidelines. 

Applicant will be responsible for any future consequence.

Form 1A will have an option to certify by CA, CS or ICWA, if a practicing professional certify Form1A the responsibility will be of professional regarding above enumerated matter.

The guidelines and revised e-Form 1A are likely to be come into effect from July 24, 2011.

A copy of the said Circular can be downloaded from the following link :

http://www.mca.gov.in/Ministry/pdf/Circular_45-2011_08july2011.pdf