General Circular no 6/2014, Date: – 28/03/2014
Sub: – Roll out plan of various forms under the Companies Act, 2013 and continuance of forms under the provisions of Companies Act, 1956
I am directed to inform that this Ministry has notified 183 additional sections in addition to 99 sections earlier notified under the provisions of Companies Act, 20 13. In this regard a Notification related to commencement of Companies Act, 2013 has been issued on 25/03/2014 which is available on the website of the Ministry.
2. In order to facilitate the completion of notified sections this Ministry has planned a staggered roll out of various forms. It has been decided to waive fees for all event based filing whose due date falls between 01/04/2014 to 30/04/2014. For the same, a separate Circular is being issued by the Policy Cell of this Ministry.
Table “A”
|
S. No. |
Old form |
Purpose of form |
|
1 |
66 |
Form for submission of compliance certificate with the |
|
2 |
1 4LLP |
Form for intimating to Registrar of Companies of |
|
3 |
20B |
Form for filing annual return by a company having a |
|
4 |
2 1A |
Particulars of annual return for the company not having |
|
5 |
23AC |
Form for filing balance sheet and other documents with |
|
6 |
23ACA |
Form for filing Profit and Loss account and other |
|
7 |
23ACA- |
Form for filing XBRL document in respect of Profit and Loss account and other documents with the Registrar |
|
8 |
23AC- XBRL |
Form for filing XBRL document in respect of balance sheet |
|
9 |
23C |
Form of application to the Central Government for |
|
10 |
23D |
Form for Information by Cost Auditor to Central |
|
11 |
35A |
Information to be furnished in relation to any offer of a |
|
12 |
A-XBRL |
Form for filing XBRL document in respect of compliance |
|
13 |
FTE |
Application for striking off the name of company under the |
|
14 |
I-XBRL |
Form for filing XBRL document in respect of cost audit |
|
15 |
5-INV |
Transfer unpaid dividend amount to IEPF |
|
16 |
21 |
Order of the court/authority till 14/04/2014 |
4. in addition to above, e-forms mentioned in Table “B” will also be available for filing
Table “B”
|
S. No. |
Old form |
Purpose of form |
|
1 |
Refund |
Application for requesting refund of fees paid |
|
2 |
BankACC |
Application for simplifying bank account opening process as user shall not be required to submit any physical application form. |
|
3 |
Investor |
Form for filing complaint(s) against the company |
5. From 14/04/2014, 39 new e-forms mentioned in Table “C” will be available on MCA portal for upload. Test version of these forms will be available from 28/03/20 14 onwards. Final forms will be available from 14/04/20 14.
Table “C”
|
S. No. |
New form |
Purpose of form |
Old form |
|
1 |
INC-1 |
Application for reservation of name |
1A |
|
2 |
INC-2 |
OPC- Application for Incorporation |
New form |
|
3 |
INC-3 |
OPC- Nominee consent form |
New form |
|
4 |
INC-4 |
OPC- Change in Member/Nominee |
New form |
|
5 |
INC-5 |
OPC- Intimation of cessation |
New form |
|
6 |
INC-6 |
OPC- Application for Conversion |
New form |
|
7 |
INC-7 |
Incorporation of Co. (Other than OPC) |
1 |
|
8 |
INC- 18 |
Application to Regional director for conversion of section 8 co. into any other kind of co. |
New form |
|
9 |
INC-20 |
Intimation to Registrar of revocation/surrender of license issued u/s 8 |
New form |
|
10 |
INC.2 1 |
Application for commencement of business |
19, 20 |
|
11 |
INC-22 |
Notice for situation or change of situation of registered office |
18 |
|
12 |
INC-23 |
Application to Regional director for approval to shift the registered office from one state to another state or from jurisdiction of one registrar to another within the state |
1AD, |
|
13 |
INC-24 |
Application for change of name |
1B |
|
14 |
INC-27 |
Conversion form Pvt. To public or vice-versa |
1B, 62 |
|
15 |
INC-28 |
Notice of order of the Court or Tribunal or any other competent authority |
21 |
|
16 |
PAS-3 |
Return of allotment |
2 |
|
17 |
SH-7 |
Notice to Registrar for alteration of share capital |
5 |
|
18 |
SH-8 |
letter of offer |
New form |
|
19 |
SH- 11 |
Return in respect of buy back of securities |
4C |
|
20 |
CHG- 1 |
Application for registration of creation or modification of charge (other than debentures) |
8 |
|
21 |
CHG.4 |
Particulars of satisfaction of charge |
17 |
|
22 |
CHG-6 |
Notice of appointment or cessation of receiver or manager |
15 |
|
23 |
CHG-9 |
Application for registration of creation or modification of charge in case of debentures |
10 |
|
24 |
MGT- 14 |
Filing of Resolutions and agreements to the Registrarunder section 117 |
23 |
|
25 |
DIR-3 |
Application for allotment of Director Identification Number |
DIN 1 |
|
26 |
DIR-5 |
Intimation of change in particulars of Director to be given to the Central Government |
DIN4 |
|
27 |
DIR-7 |
Notice of resignation of a director to the Registrar |
New form |
|
28 |
DIR-8 |
Particulars of appointment of directors and the key managerial personnel and the changes among them |
32, 32AD |
|
29 |
MR-1 |
Return of appointment of managing director or whole time director or manager |
25C |
|
30 |
MR-2 |
Form of application to the Central Government for approval of appointment or reappointment and remuneration or increase in remuneration or waiver for excess or over payment to managing director or whole time director or manager and commission or remuneration to directors |
25A |
|
31 |
URC- 1 |
Application by a company for registration under section 366 |
37, 39 |
|
32 |
FC- 1 |
Information to be filed by foreign company |
44 |
|
33 |
FC.2 |
Return of alteration in the documents filed for registration by foreign company |
49, 52 |
|
34 |
FC.3 |
List of all principal places of business in India established by foreign company |
52 |
|
35 |
FC.4 |
Annual Return |
PTII |
|
36 |
ADJ |
Memorandum of Appeal |
New form |
|
37 |
MSC- 1 |
Application to ROC for obtaining the status of dormant company |
New form |
|
38 |
MSC-3 |
Return of dormant companies |
New form |
|
39 |
MSC-4 |
Application for seeking status of active company |
New form |
6. There are 5 general e-forms and 2 e-forms mentioned in Table “D” will be available for filing w.e.f. 28/04/2014 will be available for filing 24 notified forms/events which will be made available for individual e-filing at a later date, can be attached with these 7 e-forms and filed. Details of physical forms allowed to be filed along with general e-forms are attached with this Circular.
Table “D”
|
S. No. |
New |
Purpose of form |
Old form |
|
1 |
GNL. 1 |
Form for filing an application with Registrar |
61 |
|
2 |
GNL.2 |
Form for submission of documents with |
62 |
|
3 |
CG. 1 |
Form for filing application or documents with |
65 |
|
4 |
GNL.3 |
Particulars of person(s) or director(s) or |
1AA |
|
5 |
MGT.6 |
Form of return to be filed with the Registrar |
22B |
|
6 |
RD. 1 |
Form for filing application to Regional |
24A |
|
7 |
RD.2 |
Form for filing petitions to Central |
24AAA |
7. In view of above, you are requested to give wide publicity of the circular for dissemination of information.
This issued with the approval of the competent authority.
Yours Faithfully
F. No:-MCA21/28/2014
(Sanjay Kumar Gupta)
Deputy Director
23384657
| S. No. |
Number Act |
Number Act |
Purpose of filing |
Section under which
the |
Chapter number | Remarks |
|
1 |
61 |
GNL.1 |
Application for Compounding of offences |
441 |
28 |
Radio buttonactive in new Form GN L. 1 |
|
2 |
Application for Extension of period of annual general meeting by three months |
96 |
8 |
Radio buttonactive in new Form GNL.1 | ||
|
3 |
Application for Extending the period of annual accounts upto eighteen months under section 210(4) |
132 |
9 |
Radio buttonactive in new Form GNL.1 for earlier years | ||
|
4 |
Application for Declaring a defunct company |
248, 252 |
28 |
Radio buttonactive in new Form GNL.1 for earlier years | ||
|
5 |
Application for Scheme of arrangement, amalgamation |
232 |
15 |
Radio buttonactive in new Form GN L. 1 | ||
|
6 |
Application for Normalising a dormant company |
455 |
29 |
Radio buttonactive in new Form GNL.1 for earlier years | ||
|
7 |
Application – Others |
No |
No |
Radio buttonactive in new Form GN L. 1 | ||
|
8 |
62 |
GNL.2 |
Statement in lieu of prospectus as per schedule IV |
Deleted |
Deleted |
No provision exists in new act. Hence option is disabled in new form GNL.2 (62) |
|
9 |
Prospectus |
26(4) |
3 |
Radio buttonactive in new Form GNL.2 | ||
|
10 |
Return of Deposits |
76 |
5 |
Radio buttonactive in new Form GNL.2 | ||
|
11 |
Form SH.9: Declaration of Solvency |
68(6) |
4 |
Radio buttonactive in new Form GNL.2 | ||
|
12 |
Filing Final Statement of Account of winding up – Form 156 |
As per |
As per old |
Radio buttonactive in new Form GNL.2 | ||
|
13 |
Liquidator’s statement u/s 551read with rule 327 [Companies (Court) Rules] – Form 152 |
As per |
As per old |
Radio buttonactive in new Form GNL.2 | ||
|
14 |
Liquidator’s Affidavit u/s 551read with rule 327 [Companies (Court) Rules] – Form 153 |
As per |
As per old |
Radio buttonactive in new Form GNL.2 | ||
|
15 |
Liquidator’s Statement of Unpaid Dividend or Undistributed Assets under Sec.555 read with rule 335 [Companies (Court) Rules] – Form 154 |
As per |
As per old |
Radio buttonactive in new Form GNL.2 | ||
|
16 |
Declaration of Solvency embodying a statement of assets and liabilities – Rule 313 [Companies (Court) Rules] – Form 159 |
As per |
As per old |
Radio buttonactive in new Form GNL.2 | ||
|
17 |
Return of final winding up meeting (Members voluntary winding up)- Rule 331 [Companies (Court) Rules] – Form 149 |
As per |
As per old |
Radio buttonactive in new Form GNL.2 | ||
|
18 |
Return of final winding up meeting (Creditors voluntary winding up) – Rule 331 [Companies (Court) Rules] – Form157 |
As per |
As per old |
Radio button active in new Form GNL.2 | ||
|
19 |
Return of final winding up meeting (Creditors voluntary winding up) – Rule 331 [Companies (Court) Rules] – Form158 |
As per |
As per old |
Radio buttonactive in new Form GNL.2 | ||
|
20 |
Other documents |
No |
No |
Radio buttonactive in new Form GNL.2 | ||
|
21 |
24A |
RD.1 |
Application to RD for approval for entering into contract |
Deleted |
Deleted |
No provision exists in new act, hence option is disabled in new form RD.1 (24A) |
|
22 |
Application to RD for appointment of auditor |
Deleted |
Deleted |
No provision exists in new act, hence option is disabled in new form RD.1 (24A) | ||
|
23 |
Application to RD for Issue of license under section 8 |
8(1) and |
2 |
New form prescribed | ||
|
24 |
Application to RD for removal of auditor |
139, 142 |
10 |
New form prescribed | ||
|
25 |
Application to RD for rectification of name |
16 |
2 |
New form prescribed | ||
|
26 |
Application to RD – Others |
No |
No |
New form prescribed | ||
|
27 |
24AAA |
RD.2 |
Form for filing petitions to Central Government (Regional Director) for shifting of registered office of the company from one State to another under section 17 |
13(4) |
2 |
New form INC.23 prescribed, hence radio button is disabled in Form RD.2 |
|
28 |
Form for filing petitions to Central Government (Regional Director) under section 18 |
Deleted |
Deleted |
No provision exists in new act, hence option is disabled in new form RD.2 (24AAA) | ||
|
29 |
Form for filing petitions to Central Government (Regional Director) under section 19 |
Deleted |
Deleted |
No provision exists in new act, hence option is disabled in new form RD.2 (24AAA) | ||
|
30 |
Form for filing petitions to Central Government (Regional Director) for condonation of delay in filing charge forms under section 141 |
87 |
6 |
New form prescribed | ||
|
31 |
Form for filing petitions to Central Government (Regional Director) under section 188 |
Deleted |
Deleted |
Rule is not prescribed, hence option is disabled in new form RD.2 (24AAA) | ||
|
32 |
65 |
CG.1 |
Application for extension of time for repayment of deposits |
Deleted |
Deleted |
Rule is not prescribed, hence option is disabled in new form CG.1 (65) |
|
33 |
Information and explanation on reservations and qualificationcontained in the cost audit report by a company pursuant to section 233B(7) of the Companies Act, 1956 |
Deleted |
Deleted |
Rule is not prescribed, hence option is disabled in new form CG.1 (65) | ||
|
32 |
Application – Others |
No |
No |
New form prescribed |
