MCA notifies dates from which Various new Forms to come into effect

TG Team 28 Mar 2014 6,754 Views 0 comment Print Company Law | Circulars, Notifications/Circulars

General Circular no 6/2014, Date: – 28/03/2014

Sub: – Roll out plan of various forms under the Companies Act, 2013 and continuance of forms under the provisions of Companies Act, 1956

I am directed to inform that this Ministry has notified 183 additional sections in addition to 99 sections earlier notified under the provisions of Companies Act, 20 13. In this regard a Notification related to commencement of Companies Act, 2013 has been issued on 25/03/2014 which is available on the website of the Ministry.

2. In order to facilitate the completion of notified sections this Ministry has planned a staggered roll out of various forms. It has been decided to waive fees for all event based filing whose due date falls between 01/04/2014 to 30/04/2014. For the same, a separate Circular is being issued by the Policy Cell of this Ministry.

3. From 01/04/2014 to 14/04/2014 except existing e-forms mentioned in Table “A” no other e-forms will be available for filing. Other Front office portal services will continue. From 01/04/2014 to 13/04/2014 the period will be used for clearing pending e-forms already filed under the provisions of Companies Act, 1956.

Table “A”

S. No.	Old form	Purpose of form
1	66	Form for submission of compliance certificate with the Registrar
2	1 4LLP	Form for intimating to Registrar of Companies of conversion of the company into limited liability partnership (LLP).
3	20B	Form for filing annual return by a company having a share capital with the Registrar
4	2 1A	Particulars of annual return for the company not having share capital
5	23AC	Form for filing balance sheet and other documents with the Registrar
6	23ACA	Form for filing Profit and Loss account and other documents with the Registrar
7	23ACA- XBRL	Form for filing XBRL document in respect of Profit and Loss account and other documents with the Registrar
8	23AC- XBRL	Form for filing XBRL document in respect of balance sheet and other documents with the Registrar
9	23C	Form of application to the Central Government for appointment of cost auditor
10	23D	Form for Information by Cost Auditor to Central Government
11	35A	Information to be furnished in relation to any offer of a scheme or contract involving the transfer of shares or any class of shares in the transferor company to the transferee company
12	A-XBRL	Form for filing XBRL document in respect of compliance report and other documents with the Central Government
13	FTE	Application for striking off the name of company under the Fast Track Exit(FTE) Mode
14	I-XBRL	Form for filing XBRL document in respect of cost audit report and other documents with the Central Government
15	5-INV	Transfer unpaid dividend amount to IEPF
16	21	Order of the court/authority till 14/04/2014

4. in addition to above, e-forms mentioned in Table “B” will also be available for filing

Table “B”

S. No.	Old form	Purpose of form
1	Refund	Application for requesting refund of fees paid
2	BankACC	Application for simplifying bank account opening process as user shall not be required to submit any physical application form.
3	Investor Complaint Form	Form for filing complaint(s) against the company

5. From 14/04/2014, 39 new e-forms mentioned in Table “C” will be available on MCA portal for upload. Test version of these forms will be available from 28/03/20 14 onwards. Final forms will be available from 14/04/20 14.

Table “C”

S. No.	New form no.	Purpose of form	Old form
1	INC-1	Application for reservation of name	1A
2	INC-2	OPC- Application for Incorporation	New form
3	INC-3	OPC- Nominee consent form	New form
4	INC-4	OPC- Change in Member/Nominee	New form
5	INC-5	OPC- Intimation of cessation	New form
6	INC-6	OPC- Application for Conversion	New form
7	INC-7	Incorporation of Co. (Other than OPC)	1
8	INC- 18	Application to Regional director for conversion of section 8 co. into any other kind of co.	New form
9	INC-20	Intimation to Registrar of revocation/surrender of license issued u/s 8	New form
10	INC.2 1	Application for commencement of business	19, 20
11	INC-22	Notice for situation or change of situation of registered office	18
12	INC-23	Application to Regional director for approval to shift the registered office from one state to another state or from jurisdiction of one registrar to another within the state	1AD, 24AAA
13	INC-24	Application for change of name	1B
14	INC-27	Conversion form Pvt. To public or vice-versa	1B, 62
15	INC-28	Notice of order of the Court or Tribunal or any other competent authority	21
16	PAS-3	Return of allotment	2
17	SH-7	Notice to Registrar for alteration of share capital	5
18	SH-8	letter of offer	New form
19	SH- 11	Return in respect of buy back of securities	4C
20	CHG- 1	Application for registration of creation or modification of charge (other than debentures)	8
21	CHG.4	Particulars of satisfaction of charge	17
22	CHG-6	Notice of appointment or cessation of receiver or manager	15
23	CHG-9	Application for registration of creation or modification of charge in case of debentures	10
24	MGT- 14	Filing of Resolutions and agreements to the Registrarunder section 117	23
25	DIR-3	Application for allotment of Director Identification Number	DIN 1
26	DIR-5	Intimation of change in particulars of Director to be given to the Central Government	DIN4
27	DIR-7	Notice of resignation of a director to the Registrar	New form
28	DIR-8	Particulars of appointment of directors and the key managerial personnel and the changes among them	32, 32AD
29	MR-1	Return of appointment of managing director or whole time director or manager	25C
30	MR-2	Form of application to the Central Government for approval of appointment or reappointment and remuneration or increase in remuneration or waiver for excess or over payment to managing director or whole time director or manager and commission or remuneration to directors	25A
31	URC- 1	Application by a company for registration under section 366	37, 39
32	FC- 1	Information to be filed by foreign company	44
33	FC.2	Return of alteration in the documents filed for registration by foreign company	49, 52
34	FC.3	List of all principal places of business in India established by foreign company	52
35	FC.4	Annual Return	PTII
36	ADJ	Memorandum of Appeal	New form
37	MSC- 1	Application to ROC for obtaining the status of dormant company	New form
38	MSC-3	Return of dormant companies	New form
39	MSC-4	Application for seeking status of active company	New form

6. There are 5 general e-forms and 2 e-forms mentioned in Table “D” will be available for filing w.e.f. 28/04/2014 will be available for filing 24 notified forms/events which will be made available for individual e-filing at a later date, can be attached with these 7 e-forms and filed. Details of physical forms allowed to be filed along with general e-forms are attached with this Circular.

Table “D”

S. No.	New form no.	Purpose of form	Old form
1	GNL. 1	Form for filing an application with Registrar of Companies	61
2	GNL.2	Form for submission of documents with Registrar of Companies	62
3	CG. 1	Form for filing application or documents with Central Government	65
4	GNL.3	Particulars of person(s) or director(s) or changed or specified for the purpose of section 2(60)	1AA
5	MGT.6	Form of return to be filed with the Registrar	22B
6	RD. 1	Form for filing application to Regional Director	24A
7	RD.2	Form for filing petitions to Central Government (Regional Director)	24AAA

7. In view of above, you are requested to give wide publicity of the circular for dissemination of information.

This issued with the approval of the competent authority.

Yours Faithfully

F. No:-MCA21/28/2014

(Sanjay Kumar Gupta)

Deputy Director

23384657

S. No.	Number of the form under the old Act	Number of the form under the new Act	Purpose of filing	Section under which the form is required to be filed (CA’13)	Chapter number	Remarks
1	61	GNL.1	Application for Compounding of offences	441	28	Radio buttonactive in new Form GN L. 1
2			Application for Extension of period of annual general meeting by three months	96	8	Radio buttonactive in new Form GNL.1
3			Application for Extending the period of annual accounts upto eighteen months under section 210(4)	132	9	Radio buttonactive in new Form GNL.1 for earlier years
4			Application for Declaring a defunct company	248, 252	28	Radio buttonactive in new Form GNL.1 for earlier years
5			Application for Scheme of arrangement, amalgamation	232	15	Radio buttonactive in new Form GN L. 1
6			Application for Normalising a dormant company	455	29	Radio buttonactive in new Form GNL.1 for earlier years
7			Application – Others	No Section	No Section	Radio buttonactive in new Form GN L. 1
8	62	GNL.2	Statement in lieu of prospectus as per schedule IV	Deleted	Deleted	No provision exists in new act. Hence option is disabled in new form GNL.2 (62)
9			Prospectus	26(4)	3	Radio buttonactive in new Form GNL.2
10			Return of Deposits	76	5	Radio buttonactive in new Form GNL.2
11			Form SH.9: Declaration of Solvency	68(6)	4	Radio buttonactive in new Form GNL.2
12			Filing Final Statement of Account of winding up – Form 156	As per old rules and act.	As per old rules and act.	Radio buttonactive in new Form GNL.2
13			Liquidator’s statement u/s 551read with rule 327 [Companies (Court) Rules] – Form 152	As per old rules and act.	As per old rules and act.	Radio buttonactive in new Form GNL.2
14			Liquidator’s Affidavit u/s 551read with rule 327 [Companies (Court) Rules] – Form 153	As per old rules and act.	As per old rules and act.	Radio buttonactive in new Form GNL.2
15			Liquidator’s Statement of Unpaid Dividend or Undistributed Assets under Sec.555 read with rule 335 [Companies (Court) Rules] – Form 154	As per old rules and act.	As per old rules and act.	Radio buttonactive in new Form GNL.2
16			Declaration of Solvency embodying a statement of assets and liabilities – Rule 313 [Companies (Court) Rules] – Form 159	As per old rules and act.	As per old rules and act.	Radio buttonactive in new Form GNL.2
17			Return of final winding up meeting (Members voluntary winding up)- Rule 331 [Companies (Court) Rules] – Form 149	As per old rules and act.	As per old rules and act.	Radio buttonactive in new Form GNL.2
18			Return of final winding up meeting (Creditors voluntary winding up) – Rule 331 [Companies (Court) Rules] – Form157	As per old rules and act.	As per old rules and act.	Radio button active in new Form GNL.2
19			Return of final winding up meeting (Creditors voluntary winding up) – Rule 331 [Companies (Court) Rules] – Form158	As per old rules and act.	As per old rules and act.	Radio buttonactive in new Form GNL.2
20			Other documents	No Section	No Section	Radio buttonactive in new Form GNL.2
21	24A	RD.1	Application to RD for approval for entering into contract	Deleted	Deleted	No provision exists in new act, hence option is disabled in new form RD.1 (24A)
22			Application to RD for appointment of auditor	Deleted	Deleted	No provision exists in new act, hence option is disabled in new form RD.1 (24A)
23			Application to RD for Issue of license under section 8	8(1) and 8(5)	2	New form prescribed
24			Application to RD for removal of auditor	139, 142	10	New form prescribed
25			Application to RD for rectification of name	16	2	New form prescribed
26			Application to RD – Others	No Section	No Section	New form prescribed
27	24AAA	RD.2	Form for filing petitions to Central Government (Regional Director) for shifting of registered office of the company from one State to another under section 17	13(4)	2	New form INC.23 prescribed, hence radio button is disabled in Form RD.2
28			Form for filing petitions to Central Government (Regional Director) under section 18	Deleted	Deleted	No provision exists in new act, hence option is disabled in new form RD.2 (24AAA)
29			Form for filing petitions to Central Government (Regional Director) under section 19	Deleted	Deleted	No provision exists in new act, hence option is disabled in new form RD.2 (24AAA)
30			Form for filing petitions to Central Government (Regional Director) for condonation of delay in filing charge forms under section 141	87	6	New form prescribed
31			Form for filing petitions to Central Government (Regional Director) under section 188	Deleted	Deleted	Rule is not prescribed, hence option is disabled in new form RD.2 (24AAA)
32	65	CG.1	Application for extension of time for repayment of deposits	Deleted	Deleted	Rule is not prescribed, hence option is disabled in new form CG.1 (65)
33			Information and explanation on reservations and qualificationcontained in the cost audit report by a company pursuant to section 233B(7) of the Companies Act, 1956	Deleted	Deleted	Rule is not prescribed, hence option is disabled in new form CG.1 (65)
32			Application – Others	No Section	No Section	New form prescribed