e-Form PAS-6- Purpose, Applicability, Due date, Provisions

Piyush Goyal 23 Jul 2020 18,171 Views 1 comment Print Company Law | Articles

Purpose of Form PAS-6:

PAS-6 (Reconciliation of Share Capital Audit Report a half-yearly basis) which is used for reconciliation of the share capital audit report on the half –year basis.

APPLICABILITY AND NON-APPLICABILITY OF E-FORM PAS-6

Applicability

Unlisted Public Companies

Non-Applicability

A Nidhi Company
A Government Company
A Wholly owned subsidiary.

Due Date of Filing of e-form PAS-6

All information shall be furnished within 60 days from the end of each half year (30th September/31st March of every year) for each ISIN separately. And Form PAS-6 has to be certified by (Practicing Company Secretary / Chartered Accountant).

Key Details of the Form PAS-6:

ISIN (International Securities Identification Number)

Period for which return is filling.

Details of capital of the Company.

S.No Particulars No. of Shares Percentage of Total issued Capital

a Issued Capital

b Held in Demarialised Form in CSDL

c Held in Demarialised Form in NSDL

d Held in Physical Form

e Total No. of Share (b)+(c)+(d)

Reasons for difference if any in (a) and (e)

Details of changes in Share Capital during the half –year under due to any:

1. Right Issue

2. Bonus Issue

3. Private Placement

4. ESOPs

5. Amalgamation

STATUTORY PROVISIONS OF RULE 9A RULE 9A OF COMPANIES (PROSPECTUS AND ALLOTMENT OF SECURITIES) RULES, 2014

1. As Per Rule 9A of Companies (Prospectus and Allotment of Securities) Rules. 2014 Every Unlisted Public Company Shall

> Issue the Securities only in dematerialised form; and

> Facilitate dematerialisation of all its existing securities

In accordance with the Provisions of the Depositories Act, 1996 and regulations made thereunder

2. Every unlisted Public company making any offer for the

> issue of any securities or

> buyback of securities or

> issue of Bonus shares or

> Right offer

Shall ensure that before making such offer, entire holding of securities of Promoters, directors, key managerial personnel has been demateriarised in accordance with provisions of the Depositories Act 1996 and regulations made there under.

3. Every holder of securities of an unlisted public company,

√ who intends to transfer such securities on or after 2nd October 2018, shall get such securities dematerialised before the transfer; or

√ who subscribes to any securities of an unlisted public company (whether by way of private placement or bonus shares or rights offer) on or after 2nd October 2018 shall ensure that all his existing securities are held in dematerialized form before such subscription.

4. Every unlisted public company shall facilitate dematerialisation of all its existing securities by making necessary application to a depository as defined in clause (e) of sub-section (1) of section 2 of the Depositories Act, 1996 and shall secure International security Identification Number (ISIN) for each type of security and shall inform all its existing security holders about such facility.

5. Every unlisted Public company shall

(a) makes timely payment of fees (admission as well as annual) to the depository and registrar to an issue and share transfer agent in accordance with the agreement executed between the parties;

(b) it maintains security deposit at all times, of not less than two years’, fees with the depository and registrar to an issue and share transfer agent in such form as may be agreed between the parties; and

(c) it complies with the regulations or directions or guidelines or circulars, if any, issued by the securities and Exchange Board or Depository from time to time with respect to dematerialisation of shares of unlisted public companies.

6. No unlisted public company which has defaulted in sub-rule (5) shall make offer of any securities or buyback its securities or issue any bonus or right shares till the payments to depositories or registrar to an issue and share transfer agent are made.

7. Except as provided in sub-rule (8), the provisions of the Depositories Act 1996 the securities and Exchange Board of India (Depositories and participants) 3[Regulations, 2018] and the securities and Exchange Board of India (Registrars to an Issue and share Transfer Agents) Regulations, 1993 shall apply mutatis mutandis to dematerialisation of securities of unlisted public companies

8. Every unlisted public company governed by this rule shall submit Form PAS-6 to the Registrar with such fee as provided in Companies (Registration Offices and Fees) Rules,2014 within sixty days from the conclusion of each half year duly certified by a company secretary in practice or chartered accountant in practice.

9. The company shall immediately bring to the notice of the depositories any difference observed in its issued capital and the capital held in dematerialised form.

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Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, I assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. I assume no responsibility for the consequences of use of such information. IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION.

Author- Piyush Goyal and Contacted at M.No. 8279255794, e-mail- rockpiyush94@gmail.com.