MCA allows physical filing of Forms GNL-2, MGT-14, SH-8, SH-9 & SH-11

Ministry of Corporate Affairs allows extension for filing of certain forms till 31.03.2023 without payment of additional fees

Due to migration of MCA21 portal from Version 2 to Version 3.0 and change in way of filing in Version-3 and based on the request of Stakeholders, Ministry of Corporate Affairs (MCA) has decided vide General Circular 05/2023 to allow further additional time till 31.03.2023 for filing of 45 forms launched on 23rd January 2023 without additional fees, to the stakeholders. This is in continuation of General Circulars No. 1/2023 dated 09.01.2023 and 03/2023 dated 07.02.2023.

Further, Form PAS-03 (for the purpose of allotment of share capital) which was closed for filing in Version-2 on 20.01.2023 and launched in Version-3 on 23.01.2023, and whose due dates for filing fall between 20.01.2023 and 28.02.2023, can also be filed without payment of additional fees till 31.03.2023.

In addition, reservation period for the names which are reserved under sub-section (5) of section 4 of the CA 2013 is extended by a further period of 20 days. The re­submission period under rule 9 of Companies (Incorporation) Rules, 2014 falling between 23.01.2023 and 28.02.2023, is also extended by 15 days.

These changes have been given effect vide MCA General Circular No. 04/2023 dated 21.02.2023. The extension will enable stakeholders to seamlessly migrate to the newer filing system launched as part of MCA21 Version 3.0 portal.

General Circular No. 05/2023

File No. Policy-02/01/2023-CL-V-MCA
Government of India
Ministry of Corporate Affairs

5th Floor,`As Wing, Shastri Bhavan,
Dr R.P. Road, New Delhi
Dated:22.02.2023

To
The Director General of Corporate Affairs,
All Regional Directors.
All Registrars of Companies,
All Stakeholders.

Subject: Filing of Forms GNL-2 (filing of prospectus related documents and private placement), MGT-14 (filing of Resolutions relating to prospectus related documents and private placement), PAS-3 (Allotment of Shares), SH-8 (letter of offer for buyback of own shares or other securities), SH-9 (Declaration of Solvency) and SH-11(Return in respect of buy-back of securities) due to migration from V2 Version to V3 Version in MCA 21 Portal from 22.02.2023 to 31.03.2023-reg.

Sir/Madam,

Representations have been received in the Ministry requesting for clarification about filing of Form GNL-2, for the purposes of filing prospectus related documents, MGT-14, PAS-3 and SH-8 during 22.02.2023 to 31.03.2023 due to process of stabilization of 45 forms launched with effect from 23.01.2023. The stakeholders have further stated that such forms required to be filed due to time bound activities.

2. The matter has been examined in the Ministry and it has been decided that the companies intending to file (i) Form GNL-2 (filing of prospectus related documents and private placement), (ii) MGT-14 (filing of Resolutions relating to prospectus related documents, private placement), (iii) PAS-3 (Allotment of Shares), (iv.) SH-8 (letter of offer for buyback of own shares or other securities), (v.) SH-9 (Declaration of Solvency) and (vi.) SH-11(Return in respect of buy-back of securities) from 22.02.2023 to 31.03.2023 on the MCA-21 Portal may file such Form in physical mode duly signed by the persons concerned as per requirements of the relevant forms, along with a copy thereof in electronic media, with the concerned Registrar without payment of fee and take acknowledgement (as per Annexure to this Circular) thereof. Such filing will be accompanied by an undertaking from the company that, the company shall also file the relevant Form in electronic form on MCA-21 Portal alongwith fee payable as per Companies (Registration Offices and Fees) Rules, 2014.

3. As clarified by General Circular Number 04/2023 dated 21.02.2023 no additional fees will be levied as referred in the said circular.

4. This issues with the approval of the Competent Authority.

Encl.: As above.

Yours faithfully

(KMS Narayanan)
Deputy Director,
Telephone No. 011-2338-7263

Copy to:-

1. e-Governance Section with a request to place this circular on the Ministry’s website

2. File No. Policy-17/150/2022-CL-V-MCA

3. Guard File

General Circular No. 05/2023
Annexure

Acknowledgement

No:

Office of the Registrar of Companies, ________________

*The Registrar of Companies,_________________ acknowledges the receipt of (i) GNL-2 (ii) MGT-14, PAS-3, SH-8, SH-9 and SH-11 as detailed below in respect of (Name of company) along with the relevant undertaking referred to in General Circular Number 05/2023 dated 22.02.2023.

*Note: Strike off whichever is not applicable.
Place:
Date:

Registrar of Companies

State

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