What if a Company has entered any wrong particulars in Financial Statements or in Board Report and the same has filed to ROC in Form AOC-4 & the SRN got approved?
Any Voluntary revision is possible or not?
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As per section 131 of the Companies Act, 2013
Step by Step Procedure
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Shall state the-
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Where the advertisement is being given by the company, then the same may also be placed on the website of the company, if any.
Form No. NCLT-6
Affidavit with Proof of advertisement
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An affidavit shall be filed to the Tribunal, not less than three days before the date fixed for hearing, stating whether the petition has been advertised in accordance with this rule and whether the notices, if any, have been duly served upon the persons required to be served:
Notice to Auditor by NCLT in Form NCLT-5
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The Tribunal shall issue notice and hear the auditor of the original financial statement, if present auditor is different and after considering the application and hearing the auditor and any other person as the Tribunal may deem fit, may pass appropriate order in the matter.
What to do after NCLT order?
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Filling of INC-28 to ROC
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the revised financial statements along with the statement of auditors or revised report
of the Board shall be filed to ROC with 30 Days from the date of approval in general
meeting.
*Point to be Noted….
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such revised financial statement or report shall not be prepared or filed more than
once in a financial year.
Draft format of Form No. – NCLT-1 & NCLT-3A & NCLT- 5 given below
PETITION FORMAT
FORM NO. NCLT. 1
General Heading for Proceedings
Before the National Company Law Tribunal,
Bench, at_____
In the mater of the Companies Act, 2013
And
In the matter of Ltd: (Name of the Company)
Columns required for filing of Original Application/ Reply / Rejoinder / Interlocutory Application or filing of additional documents under directions of the Bench
i. Details of Original Application / Reply / Rejoinder/ Interlocutory Application
Particulars of the Petitioner / Applicant / Respondent and state whether company, whether petitioner or not.
(Name, description, father’s / husband’s name, occupation, capacity, i.e. quashareholder, qua depositor and address)
ii. Jurisdiction of the Bench:
The petitioner declares that the subject-matter of the petition is within the jurisdiction of the Bench
iii. Limitation: (If applicable)
The petitioner / applicant further declares that the petition is within the limitation laid down in
section of the Companies Act, 2013 (where applicable)
iv. Facts of the case are given below:
(Concise statement of facts in a chronological order, each paragraph containing as nearly as possible a separate issue, fact or otherwise.)
v. Relief(s) sought.
In view of the facts mentioned above, the petitioner/applicant / respondent prays for the following relief(s):
(Specify below the relief(s) sought explaining the ground for relief(s) and the legal provisions (if any) relied upon)
vi. Particulars of Bank draft evidencing payment of fee for the petition or application made:
Branch of the Bank on which drawn:
Name of the issuing branch:
Demand Draft No……..
Date …….
Amount Rs………….
Date:
(Signature/Signature of Authorised signatory)
Place:
FORM NO. NCLT. 3A
Advertisement detailing petition
[see Rule 68 of NCLT Rules, 2016 ]
Company Petition/Application/Reference No ….. of …
Notice of petition
A petition/application/reference under section 14 of the Companies Act, 2013, for…was presented by on the day of ….. 20 … , and the said petition is fixed for hearing before bench of National Company Law Tribunal on …. .20 …Any person desirous of supporting or opposing the said petition/application/reference should send to the petitioner’s advocate, notice of his intention, signed by him or his advocate, with his name and address, so as to reach the petitioner’s advocate not later than ‘two days before the date fixed for the hearing of the petition/ application / reference. Where he seeks to oppose the petition/application/reference, the grounds of opposition or a copy of his affidavit shall be furnished with such notice. A copy of the petition/application/reference will be furnished by the undersigned to any person requiring the same on payment of the prescribed charges for the same.
Dated …..
(Sd) …..
(Name) …..
(Advocate for petitioner) Address:
FORM NO. NCLT. 5
[See rule 34 and 37]
[HEADING AS IN FORM NCLT.4]
Company Application No . . . . . . . . . . . . . . . . . . . . . . . . . . . .of 20 . …………. ‘in Company Petition No . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of 20 . . . . *I.A. No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of.20. . . . . . . . . . …
Name and Description.
………………………………………..
………………………………………..Applicant(s).versus
………………………………………..
……………………………………….. Respondents].
Notice
[Under : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .] Let all parties concerned attend the sitting Member (s) in Tribunal Room No. . . . . . . . or Chamber of Honourable Mr/Mrs/Ms. . . . . . . . . . . . on . . . . . (day), the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o’clock in the . . . . . . noon on the hearing of an application by the applicant(s) above-named, for an order that: (Here set out the relief sought) Dated this . . . . . . .day 01. . . . . . 20 . . . .Registrar/ Authorised Representative or the Applicants(s) . This Notice was taken out by Shri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Authorised Representative for the applicant(s) and will be supported by the affidavit(s) of . . . . . . . . . . . . . . . . . . . . . . . . . . . .
To Respondent(s)/ Opposite Party [Here insert the section of the Act or other provision of law under which the application is made.] *Omit if not applicable
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