ICSI Presentation On MCA21 V3 Company module – Set 2 of 56 forms

Sl.No.

User role

a. Access to all basic services available to Registered user

b. Access to all MCA FO services (including e-filing services and e-adjudication services) in relation to the company/LLP where they are currently appointed

c. Right to authorise Manager/Secretary/officer in default/Authorised Representative to access MCA FO services (e-filing and e-adjudication services) on behalf of the company/LLP

– trainees of the professional firms

– non-professional members of professional firms etc.

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2. Option to enter 5 digit NIC code instead of 2 digit code. Maximum of 3 codes can be entered

3. Several checks/business rules/Trademark validations are put in place at FO level to check compliance with The Companies (Incorporation) Rules, 2014

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2.  INC-3 merged with SPICe+ PART B and DSC of nominee would be required

3.  Bifurcation of capital into different classes to be provided

4.  A box to be displayed adjacent to the data entry in the form at FO level, for those fields where it is required to upload attachment such as Identity proof, residential proof etc. to ensure enhancement in BO processing.

5.  Standardized noting in case of rejection or re-submission to be provided to BO users and remarks can be viewed through application history.

6.  The requirement to provide INC-14 as an attachment to be done away with by adding it in the ‘Declaration by Professional’.

7. The requirement to provide INC-15 as an attachment to be done away with by adding it in the ‘Declaration by all subscribers and directors’

8. The requirement of providing attachment ‘Resolution of unregistered companies in case of
Chapter XXI (Part I) companies’ in SPICe+ Part B is to be moved to the attachment section of URC-1.

9. The requirement to provide attachment ‘Attachment – Part A’ in case SPICe+ Part A is approved separately to be done away with.

10. Geo co-ordinates to be enquired

11. Attachments removed and information captured in machine readable format

12. Other enhancement (pre-filling of data, repositioning of fields, additional data fields added, additional checks and balances introduced etc.)

13. Several checks/business rules are put in place at FO level to check compliance with The Companies (Incorporation) Rules, 2014

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2.  Attachments ‘Consent of majority of members’, ‘Consent of at least three-fourth of members agreeing for registration under this part’, ‘Declaration from all the members regarding compliance as per section 8(1)(b) and section 8(1)(c) of the Act and detailed objects of the company’ have been removed and added as declarations in INC-9 form.

3.  Attachments ‘Declaration of two or more directors verifying the particulars of all members/partners’, ‘Undertaking by the proposed directors for compliance with requirements of Indian Stamp Act, 1899’ have been removed and added as declarations in URC-1 form.

4.  Attachment ‘Certificate from a CA/CS/CWA certifying the compliance with all the provisions of Stamp Act, to the extent applicable’ has been removed and added as declaration under ‘Declaration professional’ in URC-1.

5. Change in the nomenclature of attachment(s) from ‘No objection certificate from the concerned Registrar of Firms or Registrar of Companies (LLP)’ to ‘Intimation from the concerned Registrar of Firms or Registrar of Companies (LLP)’ and ‘No objection certificate/Consent given by secured creditors’ to ‘NOC from secured creditors along with charge-holder, if applicable’.

6. Inclusion of additional fields for capturing the publication of advertisement as per Rule 4 of Companies (Authorized to register) Rules, 2014, objection details along with an attachment ‘Copy of objection(s) received from companies along with details of resolution(s) provided, if applicable’ added.

8. Attachments removed, and information captured in machine readable format

9. Other enhancement (pre-filling of data, repositioning of fields, additional data fields added, additional checks and balances introduced etc.)

10. Several checks/business rules are put in place at FO level to check compliance with The Companies (Incorporation) Rules, 2014

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3.  Auto-population of object clause, subscriber and share capital details from SPICe+ Part A and Part B.

4.  Other enhancement (pre-filling of data, repositioning of fields, additional data fields added, additional checks and balances introduced etc.)

5.  Several checks/business rules are put in place at FO level to check compliance with The Companies (Incorporation) Rules, 2014.

2.  Attachments removed and information captured in machine readable format

3.  Other enhancement (pre-filling of data, repositioning of fields, additional data fields added, additional checks and balances introduced etc.)

4.  Several checks/business rules are put in place at FO level to check compliance with The Companies (Incorporation) Rules, 2014

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2.  The requirement to provide INC-15 as an attachment to be done away in SPICe+ PART B by adding it in the ‘Declaration by all subscribers and directors’

3.  Attachments ‘Consent of majority of members’, ‘Consent of at least three-fourth of members agreeing for registration under this part’, ‘Declaration from all the members regarding compliance as per section 8(1)(b) and section 8(1)(c) of the Act and detailed objects of the company’ have been removed in URC-1 and added as declarations in INC-9 form.

4.  Other enhancement (pre-filling of data, repositioning of fields, additional data fields added, additional checks and balances introduced etc.)

5.  Several checks/business rules are put in place at FO level to check compliance with The Companies (Incorporation) Rules, 2014

• ‘Cessation’ is selected in data field 3(a) – “Purpose of filing the form” and value selected in data field “due to” is ‘Vacation of office u/s 167’
• ‘Cessation’ is selected in data field 3(a) – “Purpose of filing the form” and value selected in data field “due to” is ‘Removal u/s 169’
• Company is marked as ‘management dispute company’
• Value selected in data field 3(a) is ‘Appointment due to disqualification of all the existing directors’ or ‘Appointment by liquidator/IRP/RP’
• In case the form is being filed for multiple Directors, if the value for any of the Directors matches above, the entire form will be processed in Non-STP mode.

B. In all other cases, the form shall be processed in STP mode.

2. Two new purposes added added in case where all the directors of the company become disqualified under the Companies Act, 2013, in the section ‘Purpose of filing the form’ with the nomenclature as ‘Appointment due to disqualifications of all the existing directors’ and in such case

Promoter Shareholder shall have the signing rights and ‘Appointment by liquidator/IRP/RP’ in case of liquidation and in such case liquidator shall have the signing rights.

3. Consent to act as a director in form DIR-2 shall be part of form DIR-12 itself. Further, it can be validated with the digital signature of the director appointed.

4. Attachments removed and information captured in machine readable format

5. Other enhancement (pre-filling of data, repositioning of fields, nomenclature update, additional checks and balances introduced etc.)

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2.  In case of change of objects, introduction of NIC code 2008

3.  e-MoA and e-AoA introduced as linked filing for multiple purposes.

4.  New purposes added, and existing purposes modified.

5.  Change in processing type from NSTP to STP in case of ‘Alteration in memorandum for change in name’

6.  Automatic change of status of the company to ‘Under Liquidation’ upon approval in case one of the purposes of passing the resolution is selected as ‘Voluntary liquidation under sec 59

7. Purpose ‘Proposed resolution under section 94(1)’ has been removed.

8. Refence of section 94(1) and 192 removed from the header of the form

9. Field ‘SRN of RUN form’ added in case purpose selected is ‘Alteration in memorandum for change in name’

10. Sections pertaining to Insolvency and Bankruptcy Code, 2016 added in the form.

11. Interim Resolution Professional (IRP)/ Resolution Professional (RP) has been added as Signatories.

12. Other enhancement (pre-filling of data, repositioning of fields, nomenclature update, additional checks and balances introduced etc.)

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2.  Attachment “Photograph of Registered Office showing external building and inside office also showing therein at least one Director/ KMP” added

3.  Linkage with Compliance module based on due date of Form INC-20A added in Compliance module

4.  Attachment “Subscribers proof of payment for value of shares” has been removed and instead the same details are captured in the in the form.

5.  Few Attachments removed, and information captured in machine readable format

6.  Other enhancement (pre-filling of data, repositioning of fields, additional data fields added, additional checks and balances introduced etc.)

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2.  The form will be processed in STP mode if no duplicate DIN is identified.

2.  Indexing of attachment in forms – A box shall be displayed adjacent to the data entry in the form at FO level, for those fields where it is required to upload attachment to ensure enhancement in BO processing (Proof of identity of the applicant has been captured as an attachment along with form fields)

4.  Other enhancement (pre-filling of data, repositioning of fields, nomenclature update, additional checks and balances introduced etc.)

5.  Additional data field added to include jurisdictional police station in the address column.

1.  Verification of Registered office post incorporation of company

2.  Change within the local limits of city, town, or village

3.  Change outside local limits of city, town, or village within the same ROC and state

Form shall be processed in non-STP mode when either of the below mentioned purposes are chosen:

1. Change in ROC within the same state

2.  Change in state within the jurisdiction of existing ROC

3. Change in state outside the jurisdiction of existing ROC

30 days/60 days in case of IFSC company when INC-22 flag is not enabled

2. Geo-coordinates to be enquired along with address .

3. Restriction on filling of the form due to pendency of other forms removed.

4. Following attachment removed:

– Copy of order of competent authority

– List of all the companies (specifying their CIN) having the same registered office address, if any

– Copy of altered Memorandum of association

5. Other enhancement (pre-filling of data, nomenclature updated, repositioning of fields, additional data fields added, additional checks and balances introduced etc.)

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2. Filing of return of allotment with the Registrar post allotment of shares or securities in case of private placement – Within 15 days of such allotment

2. Type of securities dropdown options have been changed and additional field enquiring type of allotment has been introduced.

3. Bifurcation of capital into different classes to be provided.

4. Additional details related to valuation to be captured.

5. Additional declaration field added in the form of a checkbox for confirmation on return of allotment pending to be filed for securities allotted prior to the date of allotment mentioned in the webform.

6. For the attachment “List of allottees” an option to download the pre-designed template i.e. in excel format provided to the FO user.

2. Geo-coordinates to be enquired along with address .

3. Restriction on filling of the form due to pendency of other forms removed.

4. Following attachment removed:

– Copy of order of competent authority

– List of all the companies (specifying their CIN) having the same registered office address, if any

– Copy of altered Memorandum of association

10. Other enhancement (pre-filling of data, nomenclature updated, repositioning of fields, additional data fields added, additional checks and balances introduced etc.)

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2. The form shall be processed in non-STP mode in all other purposes

3. Increase in number of members – 30 days from date of meeting entered in form

2. Increase in share capital with Central Government order – 30 days from Date of receipt of order entered in form

4. Consolidation or division etc. – 30 days from effective date entered in form

3. Redemption of redeemable preference shares – 30 days from actual date of redemption entered in form

4. Cancellation of unissued shares of one class and increase in shares of another class – 30 days from date of meeting entered in form

2.  Processing type changed from NSTP to Conditional STP

3.  Following forms earlier uploaded as attachment now introduced as linked filings with Form SH-7

-e-MOA

-e-AOA

4.  Following attachments, are now captured in machine readable format through SRN of MGT-14 and INC-28:

-Copy of order of Central Government

-Copy of the order of the Tribunal

-Copy of Board resolution authorizing redemption of redeemable preference shares

5.  Field capturing SRN of MGT-14 made mandatory for all cases except where ordinary resolution is passed

6.  Details of Shares shall be captured class wise

7.  Following declaration has been added to the webform:

In case of redemption of preference shares out of profits of the company, amount equal to nominal amount of the shares

to be redeemed has been transferred to Capital Redemption Reserve“

8.  Other enhancement (pre-filling of data, repositioning of fields, additional checks and balances introduced etc.)

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2.  Change in processing type from NSTP to CSTP in few cases.

3.  New dropdowns added and amendments made to existing dropdowns for which the form can be filed.

4. Additional fields introduced to capture the complete details of IRP, RP and Liquidator.

5.  Additional fields introduced to capture Authorised share capital of Transferor company and Transferee company in case of amalgamation or merger.

6.  Additional fields introduced to capture Paid up share capital in case purpose is selected as ‘reduction of share capital’.

8.  Interim Resolution Professional (IRP)/ Resolution Professional (RP) has been added as Signatories.

9. Automatic change of status upon approval of form, wherein purpose of filing of application pertains to Insolvency and Bankruptcy Code, 2016.

7.      Other enhancement (pre-filling of data, repositioning of fields, additional checks and balances introduced etc.)