I. Companies (Appointment and Qualification of Directors) Second Amendment Rules, 2019.

Insertion of New Rule 12B:

♠ In case Company fails to file e-form Active form before due date (i.e. 15thJune, 2019) then status of DIN of director of company shall be marked as “Directors of ACTIVE non- compliant Company”.

♠ Once director will file ACTIVE form status of DIN shall be changed to “Compliant”

♠ He will not able to appoint as director in any other company till status of DIN changed to “Director ACTIVE compliance Company”.

II. Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2019‘.

Amendment in Rule 4:

  • ROC fees for filing of STK-2 increased to Rs. 10,000/- from Rs. 5,000/-
  • Company need to complete filing of AOC-4 and MGT-7 up to the end of financial year in which company ceased to carry its business operation.
  • If STK-2 filed after action taken by ROC in 248 than Company need to complete up to date Annual Filings.
  • Format of Statement of account provided in form STK-8

III. Companies (Incorporation) Fifth Amendment Rules, 2019.

Substitution of Rule 8:

  • Names which resemble too nearly with name of existing Company.
  • A name applied for shall be deemed to resemble too nearly with the name of an existing company, if, and only if, after comparing the name applied for with the name of an existing company by disregarding the matters set out in sub-rule (2), the names are same.
  • The following matters are to be disregarded while comparing the names under sub-rule (1):-

IV. Clarification for form ADT-I filed through GNL-2 under the Companies Act, 2013.

  • In case Companies filled GNL-2 with ROC for appointment of auditor between 01.04.2014-20.10.2014 Company have to file ADT-1 again for such appointment before 15.06.2019
  • There will be NIL ROC fees till 15.06.2019.
  • Old Documents Like (Resolution for appointment, Consent and eligibility certificate of auditor) need to attach in ADT-1.

Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at csdiveshgoyal@gmail.com).

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  1. vswami says:

    REACTION (sporadic) :
    This is worthy of special marking, as one more in the long series of instances, in the current decade, strikingly staring in the face, – or sticking out as a sore thumb- bearing on its sleeves- rather crying loud and clear enough but left to be unheard- why a half baked legislation, to its core, of the kind, riddled with basic deficiencies aplenty- is bound to have the inescapable enduring uncertainty, for too long, to be remedied, in one go; or may be, remain irremediable for any length of time, with skyline yonder as the limit in vision.
    For a similar instance of a recent origin, of no less gaping uncertainty, coming in the way of implementing and enforcing- not to speak of faithful compliance, – proving a roller coaster experience, is the GST levy on REALTOR; expected to have come into effect from April 1, 2019 , which by a strange coincidence , is officially declared, unashamedly so, annually as ‘AF’ Day .
    For a unbiased critique on the referred bizarre developments in the GST Regime, if so care, and mind, look through the thoughts and view points, passionately shared , for profoundly the COMMON GOID, available for FREE in public domain, on a diligent Search !

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October 2020