CS Shruti Bansal

CS Shruti BansalArticle explains due dates of new compliances introduced by Ministry Of Corporate Affairs (MCA) recently which includes filing of ACTIVE FORM-INC 22A, INC-20A, DPT-3, MSME-1, BEN-1 and DIR-3 KYC Alongwith details of when the same was introduced, Fees for Filing and Penalty for late filing, Information/ Documents to be furnished with Form and who are exempt from filing of such forms.

S. No.
Form
Introduced On
Due Date Of Filing Of Form
Applicability & Purpose
Fees & Penalty
Information/ Documents Required
Exemptions
1.
Active Form-INC 22A
Ministry of Corporate Affairs on 21-02-2019 has bring a new concept Active Company Tagging Identities and Verification by the Companies (Incorporation) Amendment Rules, 2019 notified with effect from 25th February 2019 and which introduces new E-FORM ACTIVE (INC-22A).
Within 2 months from the date of issue of notification i.e. Last date for Filing of Active Form INC-22A is 25th April 2019.
Every company incorporated on or before the 31st December, 2017 shall file the particulars of the company and its registered office, in E-Form ACTIVE (Active Company Tagging Identities and Verification) on or before 25.04.2019.
No fee is payable till 25th April 2019 thereafter fee of Rs. 10, 000 is payable.
1. Photograph of Registered Office showing external building and inside office also showing therein at least one director/ KMP who has affixed his/her Digital Signature to this form.
2.email id of the company for OTP,
3. Name & Registered Office of the Company
The companies which have been
i) struck off or
ii) are under process of striking off
iii) or under liquidation
iv) or amalga-mated or dissolved, as recorded in the register, shall not be required to file e Form ACTIVE.
INC-20A
Vide MCA notification dated 18/12/2018 Companies (Incorporation) fourth amendment Rules, 2018 has come into force wherein after rule 23, “rule 23A has been inserted” stating that the declaration to obtain certificate of commencement of business is required to be filed in Form – INC- 20A. Companies incorporated on or after 02/11/2018 shall file Form INC-20A
Within a period of 180 Days of the date of Incorporation of the Company.
Declaration prior to the commen-cement of business or exercising borrowing powers
Fees is applicable according to share capital of the Company
Penalty Levied on Company
Company is liable to pay Rs 5000
Penalty Levied on Directors
Directors is liable to pay Rs 1000 Per day and maximum 1 lacs after expiration of 180 days from the date of registration.
1. Subscribers proof of payment for value of shares. Therefore, As per Above Requirements, Kindly provide us Bank Statement of Company having all credit entries for receipt of subscription money from Subscribers.
2. If Company is regulated by any sectoral regulator, Information Required:
3. Name of the regulator
4. Letter number/ registration number
5. Date of approval/ registration
6. 3.Certificate of Registration issued by the RBI is Required also in case of Non-Banking Financial Companies) / from other regulators
Companies incorporated before 02/11/ 2018.
DPT-3
Ministry of Corporate Affairs (MCA) vide its notification dated 22nd January, 2019, hereby makes rules to amend Companies (Acceptance of Deposit Rules), 2014. These Rules may be called as Companies (Acceptance Of  Deposit) Amendment Rules, 2019.
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, as enumerated in “form DPT-3 within 90 days” from the date of the Notification issued by MCA on 22nd January, 2019. Thereafter this return is to be filed on or before the 30th day of June every year.
Every company to which the Companies (Acceptance of Deposits) Rules, 2014 apply, shall on or before the 30th day of June, of every year, file a return of deposit with the Registrar and furnish the information contained therein as on the 31st day of March of that year duly audited by the auditor of the company.
As Provided in the Companies (Registration Offices & Fees) Rules, 2014
Attachments:
i) Auditor’s Certificate
ii) Copy of instrument creating charge
iii) List of Depositors
iv) Details of Liquid Assets
v) Optional Attachment, if any.
Government Company is exempted.
MSME-1
Pursuant to Order dated January 22 2019. This Order may be called the Specified Companies (Furnishing of information about payment to micro and small enterprise suppliers) Order, 2019.
Every Specified Companies shall file “MSME Form I” with the Ministry of Corporate Affairs, within 30 (thirty) days from the date of the said Notification and every half yearly as well, stating (1) the amount of payment due and (2) the reason of the delay.
One Time Filing
Every company is required to file MSME Form I within 30 days from the date of deployment of said E-form on the MCA portal (as extended by the MCA) furnishing the details of all the outstanding dues, to Micro or Small enterprises suppliers, existing on the date of notification of this order.
Half Yearly Return
♣ MSME Form I should also be filed on a half-yearly basis i.e:
• on/ before 30th April for the period October to March and
• on / before 31st October for the period April to September.
To all the companies, who
(a)receive supplies of any goods and services from Micro, Small and Medium Enterprise (“MSME”)
and
(b) whose payment exceeds 45 days from the date of acceptance or from 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.
Any company defaulting under these provisions would be forced to remit a fine of up to Rs. 25, 000; whereas the defaults of a Director, CFO or CS would qualify for an impriso-nment term of up to six months or a fine ranging between Rs. 25, 000 to Rs. 3,00,000
1. Details of Outstanding dues (Name of the parties and amount due)
2. Reasons for delay
1. This Rule is not applicable for all the Companies but only for those Specified Companies whose payment to MSMEs suppliers exceed 45 days from the date of acceptance or deemed acceptance of the goods or services as per the provisions under section 9 of the MSME Development Act, 2006.
2. If the payment against supplier exceeds 45 days but the supplier/ Creditors gives a declaration that they do not fell under the category of Micro or small Enterprises.
BEN-1
MCA notified the Companies (Significant Beneficial Owners) Amendment Rules, 2019 (Amendment Rules) on February 8, 2019.
One Time Filing under SBO Rules
1.Ever Individual who is a significant beneficial owner needs to file form BEN -1 as per revised format within 90 days from the date of notification in official gazette .
2. Upon receipt of declaration by the Company in form BEN-1, the Company is required to file eForm BEN-2 with ROC within 30 days from receipt of BEN-1 by the Company.
Regular Filings
1.Every individual, who subsequently becomes a significant beneficial owner, or where his significant beneficial ownership undergoes any change shall file a declaration in Form No. BEN-1 to the reporting company, within thirty days of acquiring such significant beneficial ownership or any change therein.
2. Upon receipt of declaration by the Company in form BEN-1, the Company is required to file eForm BEN-2 with ROC 30 days from receipt of BEN-1 by the Company.
Note: In case of change in interest within 90 days of notification of the Rules, period of 30 days will commence from the expiry of above mentioned 90 days period.
Declaration by the beneficial owner who holds or acquires significant beneficial ownership in shares
In case of failure in disclosing of interest by SBO the Reporting Company may apply to the Tribunal directing
1. Restriction on Transfer
2. Suspension of Right to receive dividend
3. Suspension of Voting Rights
1. Details of Significant Beneficial Owner
2. Nature of interest of SBO in the Reporting Company
The non-applicability net has been made clearer and more specific and wider considering the difficulties in determining the SBO in various situations. Now, the SBO Rules shall not be made applicable to the extent the share of the reporting company is held by, –
(a) the authority constituted under sub-section (5) of section 125 of the Act;
(b) its holding reporting company:
Provided that the details of such holding reporting company shall be reported in Form No. BEN-2.
(c) the Central Government, State Government or any local Authority;
(d) (i) a reporting company, or
(ii) a body corporate, or
(iii) an entity, controlled by the Central Government or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments ;
(e) Securities and Exchange Board of India registered Investment Vehicles such as mutual funds, alternative investment funds (AIF), Real Estate Investment Trusts (REITs), Infra structure Investment Trust (InVITs) regulated by SEBI
(f) Investment Vehicles regulated by RBI, or IRDA, or Pension Fund Regulatory and Develop-ment Authority.
DIR-3 KYC
MCA (Ministry of Corporate Affairs) has amended and inserted a new rule, Rule 12A (Directors KYC) vide the ‘Companies (Appointment and Qualification of Director) rules Fourth Amendment Rules, 2018 and has notified the format of e-form DIR-3 KYC (Director’s KYC) which mandates the KYC Updation in eForm DIR 3 KYC  ( Director’s KYC) For All Director’s, And All Partners/ Designed Partners Of LLP failing which the directors/ Partners DIN would be disqualified and would be liable for penalty of Rs. 5000
* DIR-3 KYC (Director’s KYC) to be filed every year before 30th April
*FOR DIN ALLOTTED PRIOR TO 31st March 2019 due date is 30th April 2019
Rule 12A DIR 3 KYC (Directors KYC) applies to all Directors of all companies and all partners/ designated partner of all LLPs, irrespective of DIN being active or inactive and directors who’s DIN is already disqualified, have to get their Director DIN updation completed.
No Government fees is required to be paid for filing the forms
1.Proof of Permanent address -Address proofs like passport, election (voter identity) card, and ration card, driving license, electricity bill, telephone bill or Aadhaar shall be attached and should be in the name of applicant only.
2. Copy of PAN Card
3. Unique Personal Mobile Number
4. Personal Email ID
Conse quences of non-filing
1. The authorities shall deactivate the DIN of an individual who does not intimate his particulars in e-form DIR-3 KYC.
2.Late fee will be INR 5, 000/-
The deactivated DIN shall be reactivated only after filing e-form DIR-3 KYC and on payment of Rs. 5, 000/-

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2 Comments

  1. Komal Agarwal says:

    Whether DPT-3 is required to file only in case of outstanding money. If a company received share application money from foreign holding and allotted shares against it. Does the company need to comply with this form.

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