Company Annual returns – Date Extended for Companies in Kerala State

MCA vide General Circular 09/2018 dated 05th October, 2018, extended the due date for filing MGT-7, AOC-4 and  AOC (CFS) AOC-4 XBRL without payment of additional fees up-to 31st December,2018 for companies in the State of Kerala.

To see the circular click the link below:

GeneralCircularKerala_05102018

Company Annual returns – Date Extended for Companies in Kerala State

Directors KYC – Late fee of Rs.5000/- for delay in filing KYC

Board_room

Ministry of Corporate Affairs vide notification dated 05-07-2018 amended Companies (Registration offices and fees) Rules, 2014, prescribes Fees/Late fee/Penalty for delay in filing Form DIR-3 KYC, which are as follows:

i) Fee Payable till 30th April of every financial year in respect of e-form DIR-3 KYC as at 31st March of the immediately preceding previous year: NIL

ii) Fee Payable after above due date: Rs.5000/-

For the Current Financial year no fee will be chargeable till 30th August, 2018 and fee of Rs.5000/- will be payable from 01st September, 2018.

MCA had earlier by Companies (Appointment and Qualification of Directors) fourth Amendment Rules, 2018, inserted Rule 12A which require every every individual who has been allotted a Director Identification Number (DIN) as on 31st March of a financial year as per these rules shall, submit e-form DIR-3-KYC to the Central Government on or before 30th April of immediate next financial year. Rule 11 is also amended which empowers the Central Government or Regional Director (Northern Region), or any officer authorised by the Central Government or Regional Director (Northern Region) shall, deactivate the Director Identification Number (DIN), of an individual who does not intimate his particulars in e-form DIR-3-KYC within stipulated time in accordance with rule 12A:

 

 

Directors KYC – Late fee of Rs.5000/- for delay in filing KYC

Directors of Company to file KYC annually…

As part of updating its registry, MCA would be conducting KYC of all Directors of all companies annually through a new eform viz. DIR-3 KYC to be notified and deployed shortly. The details are as follows:

Board_room

Who has to file DIR-3 KYC?

Every Director who has been allotted DIN on or before 31st March, 2018 and whose       DIN is in ‘Approved’ status, would be mandatorily required to file form DIR-3 KYC.

What is the last date for filing the same?

Form DIR-3 KYC needs to be filed on or before 31st August,2018. 

What are the mandatory information in DIR-3 KYC?

  • Unique personal mobile number
  • Unique personal email address
  • Verified by One Time Password (OTP)

Who has to file the form DIR-3 KYC?

The form should be filed by every Director using his own DSC.

Does the form needs any certifications?

Yes, The form should be duly certified by a practicing professional (CA/CS/CMA).

Whether the form needs to be filed by disqualified directors also?

Yes. Filing of form DIR-3 KYC by disqualified directors is also mandatory.

What are the consequences of non-filing of form DIR-3 KYC before due date?

  • After expiry of the due date by which the KYC form is to be filed,the MCA21 system will mark all approved DINs (allotted on or before 31st March 2018) against which DIR-3 KYC form has not been filed as ‘Deactivated’ with reason as ‘Non-filing of DIR-3 KYC’.
  • After the due datefiling of DIR-3 KYC in respect of such deactivated DINs shall be allowed upon payment of a specified fee only, without prejudice to any other action that may be taken.

 

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

 

 

Directors of Company to file KYC annually…

Company Formation: Waiver of MCA fees and Other changes…

Badge-Company-Registration

MCA (Ministry of Company Affairs) had made changes in Company Incorporation forms and waived MCA fees for filing Spice Forms (Memorandum and Articles of Association) for new companies having authorised capital up-to Rs.10 Lakhs. Other important changes are as follows:

  1. For name registration a new form RUN(Reserve Unique Name) has been notified.  INC-1 is no longer applicable. Digital Signature not required to file Form RUN. Name application can also be applied along with Spice Forms also.
  2. Incorporation documents and forms to be submitted within 20 days from the date of approval of name.
  3. DIN (Director Identification Number), if not available with directors can be applied along with filing SPICE forms for incorporation.
  4. PAN and TAN will continue to be allotted along with Company Incorporation Certificate.
  5. Incorporation approvals will be delivered within a working day.
  6.  Stamp Duty  applicable for registration will continue as usual based on the stamp duty rates prevailing in each State and Union Territory.

Also, Forms  INC-3, INC-12, INC-22, INC-24, DIR-3, DIR-12 and GNL-1 have been revised on MCA21 Company Forms Download page.

The waiver of MCA fees for new companies having authorised capital up-to Rs.10 Lakhs, will encourage Small and Medium Business to shift to  Companies. Even though the  Compliance cost of Companies are high, there is another attraction of less Income Tax Rate of 25% compared to 30% for other type of constitution like Firms, LLP etc. for Companies having turnover of less than Rs.50 crores. The  high Compliance cost will be negligible for Companies who have higher profits, when compared to savings of 5% in Income Tax.

 

 

 

 

 

 

 

 

 

 

 

 

 

Disclaimer: The posts in this platform is to give the users of this platform to give a general idea of the developments happening in the filed of Finance, Accounts, Taxation etc. The post will be based on the facts accumulated from various sources and in case of taxation and other laws, based on the interpretation of laws. The views expressed here are matters of opinion based on the laws prevalent at the time the view being expressed. The posts made in this platform is for serving as an informative guide and is meant for general guidance and no responsibility for loss arising to any person acting or refraining from acting as a result of any material contained in posts made by us in this platform will be accepted by us.

Users are requested to verify the validity of content before taking informed decisions.

Company Formation: Waiver of MCA fees and Other changes…