Companies Act

Company Annual Returns: Relaxation in Additional Fees in filing Company Annual Return Forms

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Ministry of Corporate affairs vide General Circular No.17/2021 dated 29.10.2021, provided relaxation in paying additional fees in filing of e-forms AOC-4, AOC-4 (CFS), AOC-4, AOC-4 XBRL, AOC-4 Non-XBRL and MGT -7 / MGT -7A for the financial year ended on 31.03.2021 under fhe Companies Act, 2013. The due date is 30 days from the date of Annual General Meeting. Now Company’s can file these forms without late fees till 31st December, 2021.

Please note that, if the forms were not filed within the date mentioned above, the late fees will be applicable from the original due date.


The text of the notification is given below:


General Circular No. 17 /2021

F.No. 0l / 34 / 2013 CL-V -Part-III

Government of India

Ministry of Corporote Affairs
5th Floor,’A’ Wing, Shastri Bhawan, 

Dr. Rajendra Prasad Road,

New Delhi-l Dated: 29th October 2021


Subject: Relaxation on levy of additional fees in  filing of e-forms AOC-4, AOC-4 (CFS), AOC-4, AOC-4 XBRL, AOC-4 Non-XBRL and MGT -7 / MGT -7A for the financial year ended on 31.03.2021 under fhe Companies Act, 2013 – reg


Sir,


Keeping in view of various requests received from stakeholders regarding reloxation on levy of additional fees for annual finoncial statement filings reguired to be done for the financial year ended on 31.03.2021. It has been decided that no additionol fees shall be levied upto 31-12-2021for the filing of e-forms AOC-4, AOC-4 (CFS), AOC-4XBRL, AOC-4Non_ XBRL and MGT-7, and MGT-7A in respect of the financial yeor ended on 31.03.2021. During ihe said period, only normal fees shall be payable for the filing of the aforementioned e-forms.
2. This issues with the approval of the competent authority.


(KMS Narayanan)

Deputy Director – Policy

Company Annual Returns: Relaxation in Additional Fees in filing Company Annual Return Forms

Annual General Meeting – Extension of Time Limit

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Government of India
Ministry of Corporate Affairs
Office of the Director General of Corporate Affairs
CL-II-03/252/2021-0/o DGCoA-MCA

Kota House Annexe,
1, Shahjahan Road,
New Delhi-110011.

Dated 23.09.2021

OFFICE MEMORANDUM

Subject: Extension of time for holding of Annual General Meeting (AGM) for the Financial year ended on 31.03.2021

1. The Central Government has received representations seeking extension of time for holding Annual General Meeting (AGM) for the financial year 2020-21 ending on 31st March 2021 citing many difficulties faced due to second wave of Covid-19 and consequent lockdowns etc.

2. Accordingly, it has been decided to advise the Registrar of Companies (RoCs) to accord approval for extension of time for a period of two Months beyond the due date by which companies are required to conduct their AGMs for the financial year 2020-21 ended on 31st March 2021.

3. Kindly find enclosed a copy of the standard template for the order to be issued by RoCs under third proviso to sub-section (1) of section 96 of the Companies Act, 2013 ( the Act) for granting extension of time for conducting of AGM for the Financial Year 2020-21 ended on 31.03.2021 .

4. Please take this action with utmost urgency and issue order before the close of the office today and forward the copy of the order to this office before for consolidation and uploading it on the MCA21 website. Also display this order on the Notice Board of your respective offices.

5. This issues with approval of the Competent Authority.

End: As above

(Gaurav)
Deputy Director

Annual General Meeting – Extension of Time Limit

Company Annual RoC Returns – Date Extended

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Ministry of Corporate Affairs extended the due date for filing e-forms AOC-4, AOC (CFS) AOC-4 XBRL upto 30.11.2019 and e-form MGT-7 upto 31.12.2019, by companies without levy of additional fee.

The entire text of the notification is given below:

General Circular No. 13/2019

F.No. 01/34/2013 CL-V
Government of India
Ministry of Corporate Affairs

5th Floor, ‘A’ Wing, Shastri Bhawan,
Dr. Rajendra Prasad Road, New Delhi-1
Dated: 29.10.2019

To

All Regional Directors,
All Registrar of Companies, All Stakeholders.

Subject: Relaxation of additional fees and extension of last date in filing of forms MGT-7 (Annual Return) and AOC-4 (Financial Statement) under the Companies Act, 2013- – reg.

Sir,

Keeping in view the requests received from various stakeholders seeking extension of time for filing of financial statements for the financial year ended 31.03.2019 on account of various factors , it has been decided to extend the due date for filing of e-forms AOC-4, AOC (CFS) AOC-4 XBRL upto 30.11.2019 and e-form MGT-7 upto 31.12.2019, by companies without levy of additional fee.

2. This issues with the approval of the competent authority.

Yours faithfully,

( KMS Narayanan)
Assistant Director (policy)

Company Annual RoC Returns – Date Extended

Directors KYC : Last date extended

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Ministry of Corporate Affairs had extended the last date for filing DIR-3 KYC and DIR-3 Kyc web to 14th October, 2019 from 30th September, 2019.

Directors KYC : Last date extended

Directors KYC – Due date Extension

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As per rule 12A of the Companies (Appointment and Qualification of Directors)Rules 2014, “every individual who has been allotted a Director Identification Number (DIN) as on 31st March of a financial year, has to file Form DIR-3 KYC. The due date for filing the form was 30th April of the immediate next financial year.

As per notification issued by Ministry of Corporate Affairs ( G.S.R. 339(E) dated 30th April, 2019), the due date was extended to 30th June of the immediate next financial year

Directors KYC – Due date Extension

INC-22A – Form Active – Due date for filing extended till 15th June, 2019

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The government has extended the deadline for uploading photos of business premises to June 15, giving corporates more time to comply with a provision aimed at spotting shell companies.

“It has been decided to extend the date to June 15,” confirmed a corporate affairs ministry official. The same is reported in Economic Times.

This new electronic form INC 22A, which is also known as e-Form ACTIVE (Active Company Tagging Identities and Verification), was notified as part of the Companies (Incorporation) Amendment Rules, 2019 in February. If the form is filed within the due date, there is no fee, while late filing will attract a fine of Rs 10,000.

Ministry of Corporate Affairs, issued notifications regarding extension of due date for filing Form Active (INC-22A) and also changing the date of filing without any payment of fees and till 15-06-2019 and with payment of Rs.10,000/- for filing on or after 16-06-2019, by amending Companies (Incorporation) Rules, 2014 and Companies (Registration offices and Fees) Rules, 2014. Both the notification were issued on 25th April, 2019.

Source: https://economictimes.indiatimes.com & http://www.mca.gov.in

INC-22A – Form Active – Due date for filing extended till 15th June, 2019

Form DPT-3 – Data on Deposits should be filed upto 31-03-2019

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Ministry of Corporate Affairs, vide General Circular 05/2019 dated 12-04-2019, stated that data on deposits should be filed upto 31st March, 2019 (as opposed to 22nd January, 2019 which was originally indicated in the said Rule). Rule change is being issued separately.

It is also stated that the additional fee, as provided under the Companies (Registration Offices and Fees) Rules, 2014, shall be levied after 30 days from the date of deployment of the DPT- 3 form on MCA 21 portal.

As per the original amendment to Rule 16A(3) of the Companies (Acceptance of deposit) Rules, 2014 “every company other than Government company shall file a onetime return of outstanding receipt of money or loan by a company but not considered as deposits, in terms of clause (c) of sub-rule 1 of rule 2 from the 01st April, 2014 to the date of publication of the notification in the Official Gazette, as specified in Form DPT-3 within ninety days from the date of said publication of this notification along with the fee as provided in the Companies (Registration Offices and Fees) Rules, 2014″.

As per the original notification, the date is 22nd January, 2019, and the same is now changed to 31st March, 2019, and also the additional fees shall be levied after 30 days from the date of deployment of the DPT- 3 form on MCA 21 portal.

Form DPT-3 – Data on Deposits should be filed upto 31-03-2019

DIR-3 KYC – Directors Annual KYC filing – Clarification by Ministry of Corporate Affairs

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Ministry of Corporate Affairs had made a clarification post (not by way of Notification or Circular) in their website http://www.mca.gov.in regarding the annual filing of DIR-3 KYC for those Directors who had already filed the form and for those DIN allotted post 31-03-2018.

The clarification states that the DIR-3 KYC e-form presently available on the portal does not cater for the following:

(i) Filing on annual basis, and

(ii) Filing in respect of DINs allotted post 31 March 2018. It presently caters only to those individuals who were allotted DINs as on 31st March 2018 and whose DINs have been marked as ‘Deactivated due to non-filing of DIR-3 KYC’.

It is also clarified that, the form is presently being modified to enable pre-filling of data & information so that annual filings can be done by DIN holders in a simple and user friendly manner. The revised form, which will be shortly deployed, can be filed without any fee within a period of 30 days from the date of deployment.

Source: http://www.mca.gov.in

DIR-3 KYC – Directors Annual KYC filing – Clarification by Ministry of Corporate Affairs

Companies Incorporation – Amendment in Rules

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Companies (Incorporation) Rules, 2014 – Recent amaendment

The following welcome changes were bought in by Companies(Incorporation) Second Amendment Rule, 2019:

COMPANIES INCORPORATED AFTER 18TH MARCH 2019, WITH AN AUTHORISED CAPITAL OF RS.15,00,000/- FEE ON INC-32 (SPICE) IS NOT APPLICABLE. Currently the limit is Rs.10,00,000/-

In case of shifting of registered office of a company from one State/Union Territory to another, the company have to advertise in the Form No.INC.26 in the vernacular newspaper in the principal vernacular language in the district and in English language in an English newspaper with the widest circulation in the state in which the registered office of the company is situated.

By way of amendment, the phrase “with the widest circulation” is substituted with “with wide circulation“.

Companies Incorporation – Amendment in Rules

Companies Incorporated before December, 2017 needs to file INC-22A to make their status Active

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Ministry of Corporate Affairs vide notification dated 21st February, 2019 amended Companies (Incorporation) Rules, 2014 which require Companies Incorporated on or before 31st Decemeber, 2017 to file Active Company Tagging Identities and Verification (Form ACTIVE) on or before 25-04-2019.

Companies which are not filed Annual Returns and Financial Statements up-to Financial Year 2017-18 (MGT-7,AOC-4 etc) shall be restricted from filing Form ACTIVE. In the Form ACTIVE also you need to mention the Service Request Number (SRN) of Form MGT-7 & Form AOC-4 of Financial Year 2017-18.

The Companies which have been Struck-off or are under the process of Striking off or under liquidation or amalgamated or dissolved SHALL NOT be required to file Form – ACTIVE.

In case Company doesn’t file FORM ACTIVE, the company shall be marked as ACTIVE – non-compliant on or after 26th April, 2019. The following event based information and changes SHALL NOT be accepted in case of non-filing of Form ACTIVE:

  1. Change in Authorised Capital – Form SH-07
  2. Change in paid-up capital – Form PAS-03
  3. Change in Director except cessation – Form DIR-12
  4. Change in Registered Office – Form INC-22
  5. Amalgamation, Demerger – Form INC-28

The Company can file Form ACTIVE on or after 26-04-2019, and make the status of the Company Active – Compliant on payment of fee of Rupees Ten Thousand.

The Company had to upload photographs of the registered office (both external building and inside office showing therein at least one director who has affixed his/her Digital Signature in INC-22A).

Companies Incorporated before December, 2017 needs to file INC-22A to make their status Active