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Last Chance to file ACTIVE form INC 22A

Today 15th June, 2019 is last date to file form INC22A Active for companies .

Company not able to file form INC 22A within due date will have to pay late fee of Rs. 10000/-

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Section 8 Company Registration- No Requirement to File INC -12

With the ease in incorporation procedure for Company , MCA has come out with another notification that waives off filing of form INC-12 for Section 8 Companies, form INC -12 was required to be filed to ROC after obtaining name approval of the Company for obtaining Licence for Section 8 Company. Once the Licence for Incorporation of Section 8 company is obtained , the Company Incorporation application in SPICE form can be filed.

Now MCA has substituted the Form INC -12 with SPICE form and SPICE form to be amended accordingly.

Further in case of draft memorandum , the word Memorandum , further this also eases the incorporation process , as draft MOA was required to be filed with INC-12 earlier when applying for section 8 Company licence.

In case of Existing Company Company wants to Apply for conversion into section 8 company , the form INC -12 will be required to file for Application for grant of License to an existing company under Section 8

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Items not considered as deposits, in terms of Rule 2(1)(c) of Companies (Acceptance of Deposits) Rules, 2014 read with Section 73 of the Companies Act, 2013 by CS Arun Jain

Items not considered as deposits, in terms of Rule 2(1)(c) of Companies (Acceptance of Deposits) Rules, 2014 read with Section 73 of the Companies Act, 2013.

Sl.

No.

Particulars Amount
a. Amount received from –  
  (i) the Central Government; or  
  (ii) a State Government; or amount received from any other source whose repayment is guaranteed by the Central Government or State Government; or  
  (iii) amount received from a local authority; or  
  (iv) amount received from statutory authority constituted under an Act of Parliament or a State Legislature.  
b. Amount received from –  
  (i) Foreign Governments; or  
  (ii) Foreign or international banks;  
  (iii) Multilateral financial institutions;  
  (iv) Foreign Governments owned development financial institutions;  
  (v) Foreign export credit agencies;  
  (vi) Foreign collaborators;  
  (vii) Foreign body corporates;  
  (viii) Foreign citizens;  
  (ix) Foreign authorities or;  
  (x) Persons residents outside India subject to the provisions of Foreign Exchange Management Act, 1999 (42 of 1999).  
c. Amount received as –  
  i) A loan or facility from any banking company; or  
  (ii) From the state Bank of India or any of its subsidiary banks; or  
  (iii) From a banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949 (10 of 1949); or  
  (iv) A corresponding new bank as defined in clause(d) of section 2 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980); or  
  (v) From a cooperative bank as defined in clause (b-ii) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934).  
d. Amount received as loan or financial assistance from –  
  (i) Public Financial Institutions notified by the Central Government; or  
  (ii) Any regional financial institutions; or  
  (iii) Insurance companies; or  
  (iv) Scheduled Banks as defined in the Reserve Bank of India Act,1934 (2 of 1934).  
e. Amount received against issue of commercial paper or any other instruments issued in accordance with the guidelines or notification issued by the Reserve Bank of India.  
f. Amount received by the company from any other company.  
g. Amount received and held pursuant to an offer made in accordance with the provisions of the Act towards subscription to any securities including share application money or advance towards allotment of securities pending allotment, so long as such amount is appropriated only against the amount due on allotment of securities applied for.  
h. Amount received from a person who, at the time of the receipt of the amount, was a director of the company or the relative of the director of a private company.  
i. (A) Amount raised by the issue of bonds or debentures secured by a first charge or a charge ranking paripassu with the first charge on any assets referred to in Schedule III of the Act excluding intangible assets of the company; or  
  (B) bonds or debentures compulsorily convertible into shares of the company within ten years.  
j. Amount raised by the issue of non-convertible debentures not constituting a charge on the assets of the company and listed on recognized stock exchange as per applicable regulations made by Securities and Exchange Board of India.  
k. Amount received from an employee of the company not exceeding his annual salary under a contract of employment with the company in the nature of non-interest bearing security deposit.  
l. Non-interest bearing amount received and held in trust.  
m. Amount received in course of , or for the purposes of the business of the company-  
  (i) As an advance for supply of goods or provision of services accounted for in any manner whatsoever provided that such advance is appropriated against supply of goods or provision of services within a period of three hundred and sixty five days from the date of acceptance of such advance.  
  (ii) As advance accounted for in any manner whatsoever, received in connection with consideration for immovable property under an agreement or arrangement, provided that such advance is adjusted against such property in accordance with the terms of agreement or arrangement.  
  (iii) As security deposit for performance of the contract of supply of goods or provision of services.  
  (iv) As advance received under long term projects for supply of capital goods except those covered under item (b) of sub- clause (xii) clause (c) of sub- rule (1) of rule (2) of the Companies (Acceptance of Deposits) Rules, 2014.  
  (v) As an advance towards consideration for providing future services in the form of a warranty or maintenance contract as per written agreement, if the period for providing such services does not exceed the period prevalent as per common business practice or five years, from the date of acceptance of such service whichever is less.  
  (vi) As advance received and allowed by any sectoral regulator or in accordance with directions of Central or State Government.  
  (vii) As an advance for subscription towards publication, whether in print or electronic to be adjusted against receipt of such publications.  
  (viii) Amount brought in by promoters of the company by way of unsecured loans in pursuance of the stipulation of any lending financial institution.  
  (ix) Amount received by a Nidhi company in accordance with the rules made under section 406 of the Act.  
  (x) Amount received by way of subscription in respect of chit under the Chit Funds Act, 1982(4 of 1982).  
  (xi) Amount received by company under any collective Investment scheme in compliance with regulations framed by the Securities and Exchange Board of India.  
  (xii) Amount of twenty five lakh rupees or more received by a start up company, by way of convertible note (convertible into equity shares or repayable within a period not exceeding five years from the date of issue) in a single tranche, from a person.  
  (xiii) Amount received by a company from –  
  (A) Alternate Investment Funds;  
  (B) Domestic venture Capital Funds;  
  (C) Infrastructure Investments Trusts;  
  (D) Real Estate Investment Trusts;  
  (E) Mutual Funds registered with the Securities and Exchange Board of India.  
     
     

Other Readings :

Reporting of Outstanding Loans and Advances to MCA in E-form DPT-3

ROC Filings (New) , Active 22A, MSME form 1 and DPT-3 by CS Arun Jain

Declaration of Commencement of Business by Company

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ROC Filings (New) , Active 22A, MSME form 1 and DPT-3 by CS Arun Jain

ROC COMPLIANCES

FORM LAST DATE PURPOSE REQUIREMENTS
INC-22A (ACTIVE) 15/06/2019 Registered office verification 1.      Two Photograph of the registered office of the company. The first photo of the registered office shall be taken from outside of the premises, whereas the second photo needs to be taken from within the registered office premises showing at least one director / KMP who shall be signing the e-form INC-22A.

2.      Photo clicked by GPS Camera ( for GPS camera download NOTECAM application in your mobile)

3.      DSC of two director of the company (dsc of the director is mandatory who is in the photo)

4.      Board of the company is to be placed on registered office premise

5.      MAIL ID of the company for OTP verification.

ATTACHMENT:- EXTERNAL & INTERNAL PHOTO OF THE REGISTERED OFFICE AS SPECIFIED ABOVE.

NOTE: – FOR FILING OF INC-22A DIN OF ALL THE DIRECTORS SHOULD BE ACTIVE AND LAST YEAR ANNUAL FILING IS TO BE COMPLETED.

Form MSME

 

·         Initial Return for the amount outstanding as on 22nd January, 2019

 

30/05/2019 All companies, who get supplies of goods or services from micro and small enterprises and whose payments to micro and small enterprise suppliers exceed forty-five days from the date of acceptance or the date of deemed acceptance of the goods or services as per the provisions of section 9 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006) (hereafter referred to as “Specified Companies”), shall submit a return to the Ministry of Corporate Affairs 1.      Total outstanding amount due (exceeding 45 days) as on 22nd January 2019 towards micro and small enterprises.

2.      Format for disclosure:

• Financial Years

• Name of Suppliers

• PAN of Suppliers

• Amount Due

• Specify the date from which amount is due

 

 

 

 

 

Form MSME

·

·         Half Yearly Return for the amount outstanding as on 31st March, 2019.

30/05/2019 1.      Total outstanding amount due (exceeding 45 days) as on 31st march 2019 towards micro and small enterprises.

2.      Format for disclosure:

• Financial Years

• Name of Suppliers

• PAN of Suppliers

• Amount Due

• Specify the date from which amount is due

Form DPT-3

 

·         One time return

29/06/2019 Onetime Return for disclosure of details of outstanding money or loan received by a company but not considered as deposits in terms of rule 2(1)(c) of the Companies (Acceptance of Deposits) Rules, 2014.

 

 

 

Outstanding balances of all items fall under rule 2(1)(c) of deposit rules particularly following:

·         Any amount received as a loan or facility from any banking company or from the State Bank of India or any of its subsidiary banks or from a banking institution notified by the Central Government.

·         Any amount received from a person who, at the time of the receipt of the amount, was a director of the company or the relative of the director of a private company.

·         Any amount received by the company from any other company

·         Any amount received from an employee of the company not exceeding his annual salary under a contract of employment with the company in the nature of non-interest bearing security deposit.

 

NOTE:- Reporting of the details of outstanding sums of receipt of money not considered as deposit as per the rule 2(1)(c)  for the period starting from 1st April, 2014 to the 31st March, 2019.

 

Attachment: – Auditor Certificate Outstanding balances of rule 2(1)(c) of deposit rules for the period of 1st April, 2014 to the 31st March, 2019.

 

 

 

Form DPT-3

 

Annual return

30/06/2019 Annual Return

·         Particulars of transactions by a company not considered as deposit as per rule 2 (1) (c) of the Companies (Acceptance of Deposit) Rules, 2014 (if any)

·         Return of Deposit, (if any)

 

Outstanding balances of all items fall under the definition of Deposit and rule 2(1)(c) of deposit rules particularly following:

·         any amount received as a loan or facility from any banking company or from the State Bank of India or any of its subsidiary banks or from a banking institution notified by the Central Government.

·         Any amount received from a person who, at the time of the receipt of the amount, was a director of the company or the relative of the director of a private company.

·         Any amount received by the company from any other company

·         Any amount received from an employee of the company not exceeding his annual salary under a contract of employment with the company in the nature of non-interest bearing security deposit.

 

NOTE:- Reporting of the details of outstanding sums of receipt of money or loan  as on 31st March, 2019.

 

Attachment: – Auditor Certificate regarding Outstanding balances  for the period ending on 31st March, 2019.

DIR -3 KYC

 

(FORM IS NOT UPDATED)

30/06/2019 KYC of all Directors of all companies annually through the e-form DIR-3 KYC. ·         DSC of director

·         Mail Id & Mobile Number for OTP verifications

·         Self attested PAN card

·         Self attested Aadhar Card

·         Self attested Passport if obtained

 

 

 

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Active Form INC 22A date extended to 15th June, 2019

Ministry of Corporate Affairs extended date of filing form active INC 22A to 15th June 2019 for the companies which are registered on or before 31st December 2017

Official Notification form MCA 

http://www.mca.gov.in/Ministry/pdf/CompaniesRegistrationOfficesFeesRule_25042019.pdf

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DIR-3KYC – Update from MCA for Filing DIR-3KYC on Annual Basis

  

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 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. Provided that every individual who has already been allotted a Director Identification Number (DIN) as at 31st March, 2018, shall submit e-form DIR-3 KYC on or before 5th October,2018.”

However, 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’. Stakeholders may please note that DIN holders are required to file the DIR-3 KYC form every year, so that they are aware of and confirm the data & information as available in the MCA21 system.

With the objective of making the form more user friendly, 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. Accordingly, DIN holders who had filed DIR-3 KYC form earlier and complied with the said provisions may kindly await the deployment of the modified form for fulfilling their compliance requirements.

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Last date for filing ACTIVE Form INC 22A is 25th April 2019

Last date for filing ACTIVE Form INC 22A is 25th April 2019

Request you to kindly update photographs of registered office along with one Director with longitude and latitude of exact address.

Penalty after 25th April – 10000/-

File ACTIVE Form INC 22A with Fastlegal -call 9782280098, email- [email protected]

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How to file Form INC 22A (Active Company Tagging Identities and Verification)

Active Company Tagging Identities and Verification (ACTIVE) form INC 22A is required to filed by every Company incorporated on or before 31st December, 2017 to MCA.

Mandatory Requirements for Filing Form INC 22A: 

  1. Address of Registered Office of the company, Photo of Office Address is required to be uploading along with Director of the company who is signing the Form INC22A
  2. Company should file all its overdue returns before filing form INC22A
  3. Every Director of the company must be KYC complied ( Must have filed form DIR3KYC) 
  4. Email Id of the company ( to be verified through OTP) 
  5. List of Directors as on date of filing of Form INC 22A
  6. Details of Auditor of the company including Name of Firm, PAN, Membership Number , Period from which Appointed  
  7. Details of cost Auditors, if applicable  
  8. Details of Managing Director , CEO, Manager of the company 
  9. Details of company Secretary of the company , if applicable 
  10. Details of CFO of the company , if applicable 
  11. SRN of E form Filed for Financial Year 2017-18

Due Date for Filing Form INC 22A (ACTIVE) 

The E form INC22A is required to Filed on or Before 25th April, 2019 

Late Fee

Late Fee for Filing E form INC 22A after 25th April 2019 will be Rs. 10000/- 

Effect of Non filing 

Company Status will be Changed to “ACTlVE-non-compliant” and Company will not required to file other forms 

(i) SH-07 (Changc in Authorizr:d Capital);

(ii) PAS-03 (Changc in Paid-up Capital);

(iii)DIR- 12 (Changes in Director except cessation);

(iv) INC-22 (Changc in Registered Ofhce);

(v) INC-28 (Amalgamation, de-merger)

File ACTIVE (INC22A ) with Fastlegal – Call – 9782280098 or Email : [email protected] 

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Reporting of Outstanding Loans and Advances to MCA in E-form DPT-3

In the Recent Notification dated 22nd Jan, 2019 Ministry of Corporate Affairs has mandated every Company to Report outstanding and Advances to MCA in E Form DPT-3 within 90 days of this notification. 

The MCA has amended the existing deposit rules in which MCA has clarified that  that Form DPT-3 shall be used for filing return of deposit or particulars of transaction not considered as deposit or both by every company other than Government company.


Who is Required to File Form DPT-3 

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 this 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 fee as provided in the Companies (Registration Offices and Fees) Rules, 2014

Every Company : Means Every company whether Private Company, Public Company, Small Company, OPC, Nidhi Company etc 

What Information to be provided in Form DPT-3 for Amounts which are not considered as Deposits:-

 Any amount received from or as Loan or Financial Assistance  –

  • the Central Government; or
  • a State Government; or any amount received from any other source whose repayment is guaranteed by the Central Government or State Government; or
  • any amount received from a local authority; or
  • any amount received from statutory authority constituted under an Act of Parliament or a State Legislature.
  • Foreign Governments
  • Foreign or international banks
  • Multilateral financial institutions
  • Foreign Governments owned development financial institutions;
  • Foreign export credit agencies
  • Foreign collaborators
  • Foreign body corporate
  • Foreign citizens
  • Foreign authorities 
  • Persons residents outside India subject to the provisions of Foreign Exchange Management Act, 1999 (42 of 1999)
  • A loan or facility from any banking company
  • From the state Bank of India or any of its subsidiary banks
  • From a banking institution notified by the Central Government under section 51 of the Banking Regulation Act
  •  A corresponding new bank as defined in clause( d )of section 2 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980); or
  •  From a cooperative bank as defined in clause (b-ii) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934)
  • Public Financial Institutions notified by the Central Government;or
  • Any regional financial institutions
  • Insurance companies; or
  • Scheduled Banks as defined in the Reserve Bank of India Act,1934(2 of 1934).
  • Any amount received against issue of commercial paper or any other instruments issued in accordance with the guidelines or notification issued by the Reserve Bank of India
  • Any amount received by the company from any other company
  • Any amount received and held pursuant to an offer made in accordance with the provisions of the Act towards subscription to any securities including share application money or advance towards allotment of securities pending allotment, so long as such amount is appropriated only against the amount due on allotment of securities applied for
  • Any amount received from a person who, at the time of the receipt of the amount, was a director of the company or the relative of the director of a private company
  • Any amount raised by the issue of bonds or debentures secured by a first charge or a charge ranking pari passu with the first charge on any assets referred to in Schedule III of the Act excluding intangible assets of the company
  • Any amount raised by the issue of non-convertible debentures not constituting a charge on the assets of the company and listed on recognized stock exchange as per applicable regulations made by Securities and Exchange Board of India
  • Any amount received from an employee of the company not exceeding his annual salary under a contract of employment with the company in the nature of non-interest bearing security deposit
  • Any non-interest bearing amount received and held in trust

Any amount received in course of , or for the purposes of the business of the company-

  • As an advance for supply of goods or provision of services accounted for in any manner whatsoever provided that such advance is appropriated against supply of goods or provision of services within a period of three hundred and sixty five days from the date of acceptance of such advance.
  •  As advance accounted for in any manner whatsoever, received in connection with consideration for immovable property under an agreement or arrangement, provided that such advance is adjusted against such property in accordance with the terms of agreement or arrangement.
  • As security deposit for performance of the contract of supply of goods or provision of services
  • As advance received under long term projects for supply of capital goods except those covered under item (b) of subclause (xii) clause (c) of sub- rule (1) of rule (2) of the Companies (Acceptance of Deposits) Rules, 2014.
  • As an advance towards consideration for providing future services in the form of a warranty or maintenance contract as per written agreement, if the period for providing such services does not exceed the period prevalent as per common business practice or five years, from the date of acceptance of such service whichever is less.
  • As advance received and allowed by any sectoral regulator or in accordance with directions of Central or State Government.
  • As an advance for subscription towards publication, whether in print or electronic to be adjusted against receipt of such publications.
  • Any amount brought in by promoters of the company by way of unsecured loans in pursuance of the stipulation of any lending financial institution.
  • Any amount received by a Nidhi company in accordance with the rules made under section 406 of the Act.
  • Any amount received by way of subscription in respect of chit under the Chit Funds Act, 1982(4 of 1982)
  • Any amount received by company under any collective Investment scheme in compliance with regulations framed by the Securities and Exchange Board of India
  • Any amount of twenty five lakh rupees or more received by a start up company, by way of convertible note (convertible into equity shares or repayable within a period not exceeding five years from the date of issue) in a single tranche, from a person

Any amount received by a company from –

  •  Alternate Investment Funds
  • Domestic venture Capital Funds
  • Infrastructure Investments Trusts
  • Real Estate Investment Trusts
  • Mutual Funds registered with the Securities and Exchange Board of India.

In all the above cases which are not considered as Deposit , Specific Amount with each case is required to Reported  in the E form.

What if company does not have any amount that is required to be reported ?

In this case company is not required to file Form DPT-3 

Is DPT-3 is One Time Return or to be Filed Every Year : 

Non Deposit Amounts are to be Reported One Time Only

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MSME Return to MCA/ROC

In the recent amendment the Ministry of Micro small and Medium enterprises prescribed Half Yearly Reporting to MCA by Companies 
which receives services or goods from micro or small enterprises and whose payments to micro and small enterprises suppliers exceed 45 days

Every company shall file in MSME Form I details of all outstanding dues to Micro or small enterprises suppliers existing on the date of notification of this order within thirty days from the date of publication of this notification – Means the Due date for First Return is 21st Feb, 2019

Everycompany shall file a return as per MSME Form I annexed to this Order, by 31st October for the period from April to September and by 30th April for the period from October to March.

Form Required to be Filed to MCA/ROC:-

MSME Form I

Information required to be Filed in MSME Form I:-

Initial return of outstanding dues to Micro or Small Enterprises Suppliers

Total outstanding amount due as on date of notification of this order

Particulars of the name of suppliers and amount of payments due :-

  • Financial Years/Particulars
  • Name of Suppliers
  • PAN of Suppliers
  • Amount Due
  • Specify the date from which amount is due

REGULAR RETURN OF OUTSTANDING DUES TO MICRO AND SMALL ENTERPIRSES

Total outstanding amount during April to September

Particulars of the name of suppliers and amount of payments due :-

  • Financial Years/Particulars
  • Name of Suppliers
  • PAN of Suppliers
  • Amount Due
  • Specify the date from which amount is due

Total outstanding amount during October to March

  • Financial Years/Particulars
  • Name of Suppliers
  • PAN of Suppliers
  • Amount Due
  • Specify the date from which amount is due

Reasons for Delay in amount of payments due

The Form is required to be Digitally Signed by Director/CEO/Manager/Company Secretary of the Company