Filing of PAS-6 by Private Limited Companies as per the provisions of Companies Act, 2013 and rules made thereunder
What is e-Form PAS-6?
Form PAS-6 is a half-yearly ‘Reconciliation of Share Capital Audit Report’ form.
The objective of the said form is to identify any difference observed in the issued capital and the capital held in dematerialized form. It is a form through which any mismatches in the number of shares as per the Register of Members compared with their mode of existence can be tracked and reported to the Regulator, along with reasons for the mismatch.
Statutory Provision
The requirement of filing Form PAS-6 is mentioned in sub-rule (8) of Rule 9A of the Chapter III, Part I, The Companies (Prospectus and Allotment of Securities) Rules, 2014, under which public companies have filed Form PAS-6 since 2019.
Under the newly inserted Rule 9B through The Companies (Prospectus and Allotment of Securities) Second Amendment Rules, 2023 for private companies, the sub-rule (5) says that “the provisions of sub-rules (4) to (10) of rule 9A shall, mutatis mutandis, apply to the dematerialization of securities under this rule 9B.” Hence, pursuant to this Rule 9B(5) read with Rule 9A(8), Form PAS-6 becomes applicable even for private companies (other than small companies) for whom demat has become mandatory, including wholly owned subsidiaries of private companies and section 8 companies having share capital.
The only exception is that government companies are exempted from demat under Rule 9B(6).
Applicability
The e-form PAS-6 is applicable to all Private Companies except: –
1. Small Companies
2. Government Companies
Further, the rule shall not apply to an unlisted public company which is: –
1. Nidhi Company;
2. Government company;
3. Wholly Owned Subsidiary
Compliance Requirement: –
The Companies shall submit Form PAS-6 duly certified by a Company Secretary in practice or Chartered Accountant in practice to the ROC within 60 days from the conclusion of each half year.
Below are the due dates for filing e-Form PAS-6:
| Due Date | Period for which Form PAS-6 is filed |
| 29th November | For April-September period |
| 30th May | For October-March period |
A Private Company (which is not a small company) on or after 31st March 2023, shall, within 18 months of closure of financial year i.e. 31st March 2023, comply with the provisions of Rule 9B of The Companies (Prospectus and Allotment of Securities) Rules, 2014.
Therefore, the obligation for filing PAS – 6 shall be applicable for the period starting from 1st October 2024 to 31st March 2025 and e-form PAS-6 is required to be filed within 60 days from 31st March 2025 i.e. on or before 30th May 2025.
Penalty for Non-Compliance: –
A one-time penalty of Rs.10,000 is imposed on the company for the delay in filing form PAS-6. Additionally, a penalty of Rs.1,000 per day is imposed on the officer in default and the company for continuing default as per Section 450 of the Companies Act, 2013, subject to a maximum of Rs. 2,00,000 on the company and Rs.50,000 per officer in default.
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