MCA has made available Form PAS-6 for filing as e-Form w.e.f 15th July 2020. It is a form for Reconciliation of Share Capital Audit Report (Half Yearly).

Laws governing the e-form:

Rule 9A of Companies (Prospectus and Allotment of Securities) Rules, 2014

This rule deals with Issue of securities in dematerialised form by unlisted public companies and facilitates dematerialization of existing securities in accordance with provisions of the Depositories Act, 1996 and regulations made there under.

Also, every holder of securities of an unlisted public company

1. who intends to transfer such securities on or after 2nd October, 2018, shall get such securities dematerialized before the transfer; or

2. 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.

This rule shall not apply to an unlisted public company which is:-

(a) a Nidhi;

(b) a Government company or

(c) a wholly owned subsidiary.

Due date of filling of PAS-6:

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 60 days from the conclusion of each half year duly certified by a company secretary in practice or chartered accountant in practice

As Per MCA Circular dated 28/11/2019 Form PAS-6 for the half year ended on 30.09.2019 can be filed without additional fees within 60 days from the date of deployment of Form on the website of the Ministry.

Date of Deployment of Form: 15th July 2020

Details to be included in PAS-6:

1. Details of Capital of the Company.

2. Details of changes in share capital during the half year under consideration.

3. Details of shares held by Promoters, Directors and KMPs.

4. Details of Demat Request

5. Details of CA/CS certifying the form.

*There is no Mandatory attachment in the form.

Note: The grievances, if any, of security holders of unlisted public companies under this rule shall be filed before the Investor Education and protection Fund Authority

(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. Though utmost efforts has made to provide authentic information, it is suggested that to have better understanding kindly cross-check the relevant sections and rules. The observations of the author are personal view and the author does not take responsibility of the same.)

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