MCA

FAQs on Stamp Duty on Form INC-2/ INC-7/ INC-29, MoA, AoA, & SH-7

Company Law - Q.1 Please specify the services for which Stamp Duty can be paid through MCA21 system? Ans. Stamp Duty applicable on filing of e-form SPICe (including MOA & AOA), SH-7 and FC-1 shall be electronically paid through MCA21 system. A person applying for certified true copy is also required to pay stamp duty through MCA21 portal. Q.2 [&he...

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FAQ on refund of Excess /Incorrect ROC Fees paid

Company Law - The user is required to make various payments to avail MCA21 services. A number of instances have been observed where the users make multiple payments or incorrect payment or excess payment while using these services. In order to allow the stakeholders to claim refund of such payments, refund process has been introduced by MCA. To claim r...

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Recent Relaxations by Ministry of Corporate Affairs (MCA)

Company Law - With the outbreak of COVID-19 across India, measures were taken by the Ministry of Corporate Affairs (MCA) for reducing the compliance and financial burden on the companies operating in India. The relaxations are also aimed at providing defaulting companies with an opportunity to restart their businesses by filing pending documents with n...

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SPICe+ – New Form for Registration Of Company – MCA Advisory

Company Law - Changes In Application For Registration Of Company- Message From Ministry Of Corporate Affairs WHAT POINTS TO BE NOTED: 1. As part of Government of India’s Ease of Doing Business (EODB) initiatives, the Ministry of Corporate Affairs would be shortly notifying & deploying a new Web Form i.e. ‘SPICe+’ (pronounced ‘SPICe Plus’)...

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Important points to be kept in mind while Filing E-Forms on MCA Portal

Company Law - Important points to be kept in mind while Filing E-Forms on MCA Portal 1. Select correct category to download e-Form for respective services, Like Form MGT-7 For Annual Return. 2. Ensure that latest version of the e-forms has been downloaded from the MCA Website. 3. Before filling of e-forms, the professional should go through the [&helli...

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ICAI invites suggestions for improvement in functioning of MCA-21 Portal

Company Law - The Ministry of Corporate Affairs (MCA) has taken up to build a new MCA21 v3 system – upgraded version of MCA- 21 portal to enable easy and secure access of MCA services. It is expected to be filled with latest features and technology. The core objectives of MCA21 v3 system are promoting automation, integration with external regulatory,...

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Allow companies to consider Restricted Matters via video conferencing: ICSI

Company Law - ICSI has made a request to MCA to allow participation of directors in a meeting through video conferencing or other audio visual means in which following Restricted matters can be discussed which are otherwise not allowed- a) the approval of the annual financial statements; (b) the approval of the Board’s report; (c) the approval of...

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New and innovative measures to improve working in MCA

Company Law - MCA has taken several initiatives to achieve the vision of being a facilitator of world class governance of corporates and Mission of easing compliance, balancing interest of stakeholders and achieving excellence in service delivery....

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SPICe+ to offer 10 services in a single web form- Read Features

Company Law - As a part of Government of India’s Ease of Doing Business (EODB) initiatives, the Ministry of Corporate Affairs has notified and deployed a new Web Form christened ‘SPICe+’ (pronounced ‘SPICe Plus’) replacing the old SPICe form. SPICe+ has come into force from 23.02.2020. SPICe+ is an integrated Web Form which would offer ten se...

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MCA invite Comments on Competition (Amendment) Bill, 2020

Company Law - Public comments are therefore hereby solicited on the draft Competition (Amendment) Bill, 2020. Copy of the CLRC Report, Competition Act, 2002 as well as Draft Competition (Amendment) Bill may be accessed at the web link mentioned below and comments, if any, may be submitted online therein by end of business hours on 06th March, 2020 posi...

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MCA Revises Document Filing & Company Incorporation fees WEF 26.01.2018

Notification No. G.S.R. 48(E) - (20/01/2018) - In exercise of the powers conferred by sections 396, 398, 399, 403 and 404 read with sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Registration Offices and Fees) Rules, 2014, na...

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Companies (cost records and audit) Second Amendment Rules, 2017

G.S.R. 1526(E) - (20/12/2017) - 1. These rules may be called the Companies (cost records and audit) Second Amendment Rules, 2017. 2. In the Companies (cost records and audit) Rules, 2014 (hereinafter referred to as the principal rules), in rule 2, for clause (aa) the following clause shall be substituted and shall be deemed to hav...

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Govt. constitutes expert Group to look issues related to Audit firms

F. No. 17/112/2016-CL-V - (30/09/2016) - Several audit firms have represented about adverse impacts on Indian audit firms due to the structuring of certain audit firms leading to circumvention of various regulations, manner in which auditor rotation requirements is being implemented by companies, and imposition of restrictive conditions by...

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MCA warns strict action against professionals for defects in eforms

D.O. NO.IC/CIR.14/PLS/MCA21/2013 - (19/12/2013) - Ministry of Corporate Affairs (MCA) has taken serious view of the pendency of eforms in various offices of the MCA in South East Region and issued instructions to this Directorate to take steps to impress upon the certifying professionals (CA/CS/CMA) to completely avoid defective filings so as to fa...

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Due Date to File 23AC, 23ACA & 23B

General Circular No.30,31/2012 - (28/09/2012) - The Ministry of Corporate Affairs vide its General Circular No.30/2012 Dated 28.09.2012, mandates the due date of filing of e‐forms 23AC(Non‐XBRL) and 23ACA (Non XBRL) as per new schedule VI extended in following manner without any additional fee :‐ • Company holding AGM or whose due ...

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Recent Posts in "MCA"

FAQs on Stamp Duty on Form INC-2/ INC-7/ INC-29, MoA, AoA, & SH-7

Q.1 Please specify the services for which Stamp Duty can be paid through MCA21 system? Ans. Stamp Duty applicable on filing of e-form SPICe (including MOA & AOA), SH-7 and FC-1 shall be electronically paid through MCA21 system. A person applying for certified true copy is also required to pay stamp duty through MCA21 portal. Q.2 [&he...

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Posted Under: Company Law |

FAQ on refund of Excess /Incorrect ROC Fees paid

The user is required to make various payments to avail MCA21 services. A number of instances have been observed where the users make multiple payments or incorrect payment or excess payment while using these services. In order to allow the stakeholders to claim refund of such payments, refund process has been introduced by MCA. To claim r...

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Posted Under: Company Law |

ICAI invites suggestions for improvement in functioning of MCA-21 Portal

The Ministry of Corporate Affairs (MCA) has taken up to build a new MCA21 v3 system – upgraded version of MCA- 21 portal to enable easy and secure access of MCA services. It is expected to be filled with latest features and technology. The core objectives of MCA21 v3 system are promoting automation, integration with external regulatory,...

Read More
Posted Under: Company Law |

Recent Relaxations by Ministry of Corporate Affairs (MCA)

With the outbreak of COVID-19 across India, measures were taken by the Ministry of Corporate Affairs (MCA) for reducing the compliance and financial burden on the companies operating in India. The relaxations are also aimed at providing defaulting companies with an opportunity to restart their businesses by filing pending documents with n...

Read More
Posted Under: Company Law |

Allow companies to consider Restricted Matters via video conferencing: ICSI

ICSI has made a request to MCA to allow participation of directors in a meeting through video conferencing or other audio visual means in which following Restricted matters can be discussed which are otherwise not allowed- a) the approval of the annual financial statements; (b) the approval of the Board’s report; (c) the approval of...

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Posted Under: Company Law |

New and innovative measures to improve working in MCA

MCA has taken several initiatives to achieve the vision of being a facilitator of world class governance of corporates and Mission of easing compliance, balancing interest of stakeholders and achieving excellence in service delivery....

Read More
Posted Under: Company Law |

SPICe+ to offer 10 services in a single web form- Read Features

As a part of Government of India’s Ease of Doing Business (EODB) initiatives, the Ministry of Corporate Affairs has notified and deployed a new Web Form christened ‘SPICe+’ (pronounced ‘SPICe Plus’) replacing the old SPICe form. SPICe+ has come into force from 23.02.2020. SPICe+ is an integrated Web Form which would offer ten se...

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Posted Under: Company Law |

MCA invite Comments on Competition (Amendment) Bill, 2020

Public comments are therefore hereby solicited on the draft Competition (Amendment) Bill, 2020. Copy of the CLRC Report, Competition Act, 2002 as well as Draft Competition (Amendment) Bill may be accessed at the web link mentioned below and comments, if any, may be submitted online therein by end of business hours on 06th March, 2020 posi...

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Posted Under: Company Law |

SPICe+ – New Form for Registration Of Company – MCA Advisory

Changes In Application For Registration Of Company- Message From Ministry Of Corporate Affairs WHAT POINTS TO BE NOTED: 1. As part of Government of India’s Ease of Doing Business (EODB) initiatives, the Ministry of Corporate Affairs would be shortly notifying & deploying a new Web Form i.e. ‘SPICe+’ (pronounced ‘SPICe Plus’)...

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Posted Under: Company Law |

Important points to be kept in mind while Filing E-Forms on MCA Portal

Important points to be kept in mind while Filing E-Forms on MCA Portal 1. Select correct category to download e-Form for respective services, Like Form MGT-7 For Annual Return. 2. Ensure that latest version of the e-forms has been downloaded from the MCA Website. 3. Before filling of e-forms, the professional should go through the [&helli...

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Posted Under: Company Law |

Independent Director – New Era – FAQ’s

Independent directors have a crucial role to play for keeping good governance practices. In order to ensure the basic literacy of company law, securities law and accountancy among Independent directors and to boost Corporate Governance standards in India, the Govt. has decided to introduce online proficiency self-assessment test for Indep...

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Posted Under: Company Law |

Non Holding of AGM within due date- Reply to MCA E-Adjudication Notice

Non Holding of AGM within due date.. Ministry of Corporate Affairs has issued notice to approximately 3000 companies due to non compliance of provision of Section 96(1) for not holding of AGM within Due date. As per notice companies have to reply the notice within 15 days of receipt of notice. In case of non […]...

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Posted Under: Company Law |

MCA advisory on e-filing to avoid last minute rush

To avoid last minute rush and system congestion on the MCA21 Portal on account of Annual Filings during the Month of October and November 2019, Companies are requested to file their Financial Statements and Annual Returns at the earliest, Without Postponing it to the Last Days....

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Posted Under: Company Law |

MCA’s revised framework on Debenture Redemption Reserve: A relaxation or confusion?

Precedents of issue of debentures in India The requirement of creation of a Debenture Redemption Reserve is unique to India and is globally unheard of. This was inserted in India around the year 1998 in pursuance of recommendation of Committee formed under the chairmanship of Justice D.R. Dhanuka. Apparently, the very motivation for havin...

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Posted Under: Company Law |

Clarification on the usage of MCA Corporate Database

Press Information Bureau Government of India Ministry of Statistics & Programme Implementation 30 MAY 2019 4:45PM by PIB Delhi National Accounts Statistics: A clarification on the usage of MCA Corporate Database 1. This press release is being issued to clarify on the recent media reports on the usage of corporate sector database (Mini...

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Posted Under: Company Law |

GDP Estimation – A clarification

1. The Technical Report of Services Sector Enterprises in India, which was finalized under the 74thRound of National Sample Survey, was released recently by the National Sample Survey Office (NSSO). The survey utilized a sample of 35456 enterprises taken from the database of Ministry of Corporate Affairs (MCA) for the comprised out-of-sur...

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Posted Under: Company Law |

Note on New MSME Notification for Reporting with MCA

The Ministry of Micro, Small and Medium Enterprises issued a notification on November 2, 2018, which prescribe half-yearly reporting to MCA for the Companies which receives services or goods from micro or small enterprises and whose payments to micro and small enterprises suppliers exceed 45 days....

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Posted Under: Company Law |

FAQs on Digital Signature Certificate (DSC)

With everything going Digital or Online, even signature has got its Digital Version, commonly known as Digital Signature Certificate or DSC. With Ministry of Corporate Affairs (MCA), Income Tax Authorities and Goods and Service Tax (GST) are already accepting online documents, applicant/taxpayer are now mandatorily required to sign docume...

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Posted Under: Company Law |

Database & Authenciation issues & its dilemma to professionals

This article is about the problems in authentication and processing of many forms in GST ,MCA, Income tax due to a small errors made by the assessee and hindering his compliance's...

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Posted Under: Company Law |

MCA provides Much Needed relaxation on RUN

We all know that after incorporation of RUN Service (Reserve Unique Name), an applicant seeking reservation of name for a proposed Company or an Existing Company seeking to change its name has to apply for reservation through RUN Service only....

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Posted Under: Company Law |

Striking Off (Closing Down) An LLP: An Opportunity at MCA For Defaulting LLPs

Its best for Entrepreneurs having dormant or defaulting LLPs, which are actually not working and upon which there is accruing penalty, to get their LLPs struck off by using the above procedure and get relief from heavy penalties of the Ministry....

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Posted Under: Company Law |

MCA Revises Document Filing & Company Incorporation fees WEF 26.01.2018

Notification No. G.S.R. 48(E) (20/01/2018)

In exercise of the powers conferred by sections 396, 398, 399, 403 and 404 read with sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Registration Offices and Fees) Rules, 2014, namely...

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Condonation Of Delay Scheme, 2018- A Breather for disqualified directors

Eligibility for Condonation Of Delay Scheme, 2018: Condonation Of Delay Scheme, 2018 is available to all the defaulting companies other than the companies which have been stuck off or whose names have been removed from the register of companies....

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Posted Under: Company Law |

Condonation of delay scheme, 2018: Process, Documents & Impact

ondonation of Delay Scheme 2018 is available for: Companies whose status is Active on MCA Portal. Condonation of Delay Scheme 2018 Scheme is not available for: Companies who are struck off or whose ame has been removed from the ROC u/s 285(5)...

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Posted Under: Company Law |

Registered Valuers : New Opportunity for CAs / CMAs / CS

Ministry of Corporate Affairs (MCA) has notified the provisions governing valuation by registered valuers [section 247 of the Companies Act, 2013 and the Companies (Registered Valuers and Valuation) Rules, 2017 (the Rules), both to come into effect from 18 October, 2017....

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Posted Under: Company Law |

Condonation of delay scheme, 2018 for defaulting companies and directors

1. Condonation of Delay Scheme 2018 is applicable to all the Annual returns forms and Form ADT-1. 2. Condonation of Delay Scheme 2018 shall come into force with effect from January 01, 2018 and shall remain in force up to March 31, 2018 i.e. for a period of three months....

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Posted Under: Company Law |

Companies (cost records and audit) Second Amendment Rules, 2017

G.S.R. 1526(E) (20/12/2017)

1. These rules may be called the Companies (cost records and audit) Second Amendment Rules, 2017. 2. In the Companies (cost records and audit) Rules, 2014 (hereinafter referred to as the principal rules), in rule 2, for clause (aa) the following clause shall be substituted and shall be deemed to have been substituted with effect from the ...

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No need to file PAN-TAN application in Form 49A/49B after filing SPICe e-forms: MCA

With effect from 6PM of 4th November 2017, stakeholders will NOT be required to upload signed 49A/49B using Submit application for PAN/TAN service, in respect of any fresh SPICe submission or Resubmission cases. PAN and TAN will continue to be issued as before based on the details submitted in the SPICe form itself. ...

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Posted Under: Company Law |

Govt. constitutes expert Group to look issues related to Audit firms

F. No. 17/112/2016-CL-V (30/09/2016)

Several audit firms have represented about adverse impacts on Indian audit firms due to the structuring of certain audit firms leading to circumvention of various regulations, manner in which auditor rotation requirements is being implemented by companies, and imposition of restrictive conditions by foreign investors with regard to audito...

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ROC Refund Form for requesting refund of fees paid

MCA has recently released e-REFUND form for making request for refund of Excess/Incorrect/Multiple ROC fees paid. In this article we have covered instructions and guide related to online filing of ROC REFUND FORM....

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Posted Under: Company Law |

Debentures Under Companies Act 2013- Legal Analysis

Debenture: The word ‘debenture’has been derived from a Latin word ‘debere’ which means to borrow. Debenture is a written instrument acknowledging a debt to the Company. It contains a contract for repayment of principal after a specified period or at intervals or at the option of the company and for payment of interest at a fixed r...

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Posted Under: Company Law |

NCLT and NCLAT Constitution impact Functioning

The Tribunal shall consist of a President and such number of Judicial and Technical Members as may be required. The Principal Bench shall be located at New Delhi which shall be presided over by the President. The powers of the Tribunal shall be exercised by Benches (which shall be notified by the Central Government) consisting of two memb...

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Posted Under: Company Law |

LLP Annual Filing of Form –11, Step By Step Procedure

Today is the last date for Annual Filing of LLP Form – 11. Many professional are facing problem in Filing that Form – 11. So I have just make simple process along with their Screen Shot hope you get your doubt Clear by following below procedure.Annual Filing of the LLP For the year 2016...

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Posted Under: Company Law |

ICSI request MCA to waive additional fees for delay in form filing

Since the stakeholders are still facing difficulties in accessing the MCA portal and filing of e-forms resulting in delayed filing of e-forms, we request you to further relax the additional fee payable on e-forms which are due for filing by companies between May 01, 2016 and the date by which the normal functioning of the MCA site is rest...

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Posted Under: Company Law |

How to do Java Setting for MCA Portal- Step by Step

The MCA21 portal requires some settings to be done on your computer. For smooth login, upload of eforms, signing of DSC or using any other MCA service available through the MCA21 portal, please make the following settings. 1. Java Settings in Control Panel 2. Java Settings in Internet Explorer 3. Java Settings in System Properties [&helli...

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MCA Helpline Numbers, Email and Link to Raise Online Complain

The new MCA21 portal went live on 27th March 2016 for Company services. This change is in the larger interest of stakeholders. However, due to this change, few stakeholders may experience some inconvenience intermittently for next few days. It is advised to contact Helpdesk at 0124-4832500, or raise a service complaint here for prompt res...

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Posted Under: Company Law |

Changes in Company e-Forms wef 27.03.2016

Form 23AC, 23AC-XBRL, 23ACA, 23ACA-XBRL, Form 20B, Form 66, Form 21A and Form 23B eForms should be filed as attachments with GNL-2 from the date of notification (to be notified later....

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Posted Under: Company Law | ,

Mail issues issues pertaining to ROC Website: ICSI

The ICSI jointly with MCA has taken initiative for resolving various queries/ issues. The MCA has kindly consented to resolve all the issues being faced by our members and other stakeholders in implementation of Companies Act 2013 in respect of MCA-21 e-Governance project....

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Posted Under: Company Law |

MCA discontinues offline Payment i.e. Challan, NEFT, Pay Later

In our continuous endeavor to serve you better, the Ministry of Corporate Affairs will launch a new MCA21 portal for Company users. The new portal is likely to be launched on 27th March 2016. To facilitate implementation of the new portal, the offline payment methods – Challan, NEFT, Pay Later – will be disabled for […]...

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Posted Under: Company Law |

All about ‘Central Registration Center’ for Reservation of Name

In an attempt to simplify and streamline the process for incorporation of companies, the Ministry of Corporate Affairs (MCA) introduced the formation of the Central Registration Center (CRC) by issuing a notification on January 22, 2016 (CRC Notification). The CRC has been established to facilitate smoother functioning and fastening the p...

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Posted Under: Company Law |

Problem during Payment of MCA Challans Through SBI Internet Banking

Now a days, many stakeholders are facing problem in making payment for the challans w.r.t. E Forms filed with Ministry of Corporate Affairs specifically who are making payment through SBI Gateway. Problem being faced is: When we upload E Forms, system ask for payment via Credit Card/ Internet Banking/ Challan/ Pay Later. When stake holder...

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Posted Under: Company Law |

List of Companies involved in Corporate Frauds/Chit Fund Scams

Cases of Corporate Frauds/Chit Fund Scams Involving Companies The Ministry, during the last three years and current year, has ordered investigation into the affairs of 145 companies which were allegedly involved in illegal deposit taking activities.  A State-wise list of these companies is enclosed as Annexure. In many of the cases where...

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Posted Under: Company Law |

MCA initiatives and salient achievements in the last six months

Ministry of Corporate Affairs initiatives and salient achievements in the last six months- Dated- July 28, 2015 The mandate of the Ministry of Corporate Affairs primarily concerns administration of the legal framework within which companies registered in India are to operate along with some other connected matters. Within this mandate rap...

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Posted Under: Company Law |

Companies no longer required to file e-form INC-21 with ROC

The requirement of filing declaration by a company before commencement of business or exercising its borrowing powers has been dispensed with under the Companies (Amendment) Act, 2015. Accordingly companies are no longer required to file e-form INC-21 with the Registrar through MCA portal. (Source- MCA)...

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Posted Under: Company Law |

e-form INC-29 single form for DIN Application, Company Incorporation and Name of a Company

 The Ministry of Corporate Affairs has introduced a new integrated e-form INC-29 w.e.t 1st May. 2015. INC-29 will provide applicants a facility to avail of the following services through a single e-form: (i) Allotment of Director Identification Number; (ii) Name of a company; and (iii) Incorporation of a company....

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Posted Under: Company Law |

Form No. GNL-4 for filing addendum for rectification of defects or incompleteness notified

Earlier the Ministry of Corporate Affairs (‘MCA’) had released various e-Forms by the Companies (Registration Offices and Fees) Amendment Rules, 2014 vide Notification No. G.S.R. 297(E) dated 28 April 2014 with effect from 28 April 2014. The MCA has made further amendment in Rule 10 by the Companies (Registration Offices and Fees) Ame...

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Posted Under: Company Law |

Non Resident Indian- How to incorporate a company in India?

With over 20 million in population and with investment size of over US$4000 million in last 10 years, NRI plays an important role in Indian Growth history. NRI are those individuals who are the citizen of India but are resident outside India. We often overlook the term NR with NRI. However, both the terms are very much different and India...

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Posted Under: Company Law |

MCA advertisement for awareness of general public who invest in Deposit Scheme of Companies- A Welcome measure

Recently, MCA came out with an advertisement in national dailies apprising the investors of the new regulations which the Companies should follow while inviting deposits from general public. ...

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Posted Under: Company Law |

How to Raise Complain with MCA

46 new e-forms had been made available for filing w.e.f. 28.04.2014. In case there is any issue faced by stakeholders in filling up or filing any of these 46 e-forms, they are requested to raise ticket with MCA helpdesk by using link www.mca.gov.in/MinistryV2/complaints.html. In addition to describing the problem in the ticket they should...

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Posted Under: Company Law |

MCA changes CIN of Companies Located in Telangana State

State Code in the CIN of the Companies which are located in Telangana based on the address available in the database has been changed from “AP” to “TG”. Complete list of such companies may be viewed at following link : http://mca.gov.in/Ministry/pdf/AP_to_TG.pdf (Companies should use the new CIN while communicating with the minist...

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Posted Under: Company Law |

MCA frequently updating version of its online forms

We have observed that MCA is Frequently updating versions of its online forms to remove the discrepancy in earlier versions. In view of the same we request our readers to download new form every time they have to fill and upload a form.  In addition to this In case there is any issue faced by […]...

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Posted Under: Company Law |

Mapping of e-form under Companies Act, 2013 with e-Form under Companies Act, 1956

Mapping of e-forms prescribed under the Companies Act, 2013 with e-forms prescribed under Companies Act, 1956 S. No. e-Form (Companies Act, 2013) Corresponding e-Form (Companies Act, 1956) Purpose of Form as per Companies Act, 2013 1 INC-1 1A Application for reservation of name 2 INC-2 New form Form for Incorporation and nomination (One P...

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Posted Under: Company Law |

Proposed New Roadmap for Implementation of Ind AS converged with IFRS

For convergence of Indian Accounting Standards with International Financial Reporting Standards (IFRSs), a Press Release (No.2/2010) laying down roadmap for application of converged Indian Accounting Standards (Ind AS) by companies (other than Banking companies, Insurance companies and Non-Banking Finance Companies) was issued on 22nd Jan...

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Posted Under: Company Law |

MCA issuing notices to Companies not filed Annual Statement for FY 2012-13

(04/01/2014)

The companies are required to file their Balance Sheet and Profit & Loss Account and other documents in Form 23AC/ACA as required u/s 220 of the Companies Act, 1956 (‘Act’) read with Rule 7B of the Companies (Central Govt.’s) General Rules & Forms, 1956 (‘Rules’) with the jurisdictional Registrar of Companies (RoC) within 30 day...

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Posted Under: Company Law |

MCA warns strict action against professionals for defects in eforms

D.O. NO.IC/CIR.14/PLS/MCA21/2013 (19/12/2013)

Ministry of Corporate Affairs (MCA) has taken serious view of the pendency of eforms in various offices of the MCA in South East Region and issued instructions to this Directorate to take steps to impress upon the certifying professionals (CA/CS/CMA) to completely avoid defective filings so as to facilitate early disposal of eforms....

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MCA 21 Portal Crosses Milestone of 1 Lakh Filings on One Single Day

The MCA 21 portal of the Ministry of Corporate Affairs crossed a significant milestone of 1,00,000 filings on one single day on 26th October 2013, surpassing the previous best of 88,119 filings last year (on 21/11/2012)....

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Posted Under: Company Law |

How to Search Companies/Directors under Prosecution?

How to Search Companies/Directors under Prosecution Under Companies Act, 1956? MCA has recently added a facility under which a user can search the name of the Company or Directors on which prosecution is going on under the Companies Act, 1956....

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Posted Under: Company Law |

Attention : Members in practice – Annual eFiling of ROC Returns

Members in practice may kindly note that the Ministry of Corporate Affairs, Govt. of India has recently advised that it would not entertain/accede to any request for extension of last date for e-Filing beyond the expiry/specified date concerned. ...

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Posted Under: Company Law |

MCA invites Suggestions on Draft Rules under Companies Act 2013 – 2nd Phase

The draft Rules for following 9 chapters under the Companies Act 2013 is made live for public comments in 2nd phase. The last date of receiving comments on these rules is 19/10/2013: Chapter III – Prospectus and Allotment of Securities Chapter IV – Shares Capital and Debentures Chapter VII – Management and Administration...

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Posted Under: Company Law |

Peak Filing of Balance Sheet & Annual Return 2013

GOVERNMENT OF INDIA MINISTRY OF CORPORATE AFFAIRS DEAR CORPORATES, TO AVOID LAST MINUTE RUSH AND SYSTEM CONGESTION IN MCA21 TOWARDS END OF OCTOBER AND NOVEMBER 2013, EXPEDITE FILING OF BALANCE SHEET AND ANNUAL RETURN WITHOUT WAITING FOR THE LAST DAYS OF THE MONTHS....

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Posted Under: Company Law |

MCA invites comments from member on stopping payment through phyical Challan

NA

NOTICE The Ministry had reviewed the processes involved in delivery of important services to stakeholders and with a view to improving service delivery time, decided to accept payments of value upto Rs. 50,000/- for MCA21 services only in electronic mode w.e.f. 27.3.2011. It was also intimated in the same circular No. HQ/9/2002-Computeris...

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Posted Under: Company Law |

Report of Certified Valuer Should Be Attached While Filing E Form 18 to ROC

CS Mohit Saluja A few days ago, ICSI sent a mail to all the member of ICSI regarding giving the inputs to be included in the check list of various forms while pre-certification of E-Forms by the Practicing Professionals and the difficulties faced while pre-certification of forms by the Practicing Professionals. As the ICSI is […]...

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Posted Under: Company Law |

ROC / MCA Fees rate Chart for Filing of Forms

As we all know MCA has increased additional fee to be levied for delays in filing Forms other than Form 5 wef 05.12.2010 vide General Circular No: 4/2010, Dated the 22nd November, 2010 . Rate of Additional Fees for delay in Filing of ROC forms is as follows :- Period of Delay Fixed rate of additional […]...

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Posted Under: Company Law |

Condonation of Delay for Delayed Filing of Form 8 / Form 17 & Procedures

Now condonation of delay for late filing of Form 8 and form 17 under the Companies Act, 1956, requires a petition to be filed with Regional Director, Ministry of Corporate Affairs and earlier the same was required to be made to Company Law Board. The procedure for making the petition for condonation of delay under Section 141 of the Compa...

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Posted Under: Company Law |

Necessary Measures been taken to Resolve Difficulties in MCA 21 e-Governance Portal

Ministry of Corporate Affairs Taking Necessary Measures to Resolve the Temporary Difficulties in the Ministry’s MCA 21 e-Governance Portal The Ministry of Corporate Affairs is taking necessary measures to resolve the temporary difficulties that have arisen in the MCA 21 e-Governance portal of the Ministry. At the same time, in order to ...

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Posted Under: Company Law |

MCA to waive additional fees charged due to non smooth functioning of its website

Ministry of Corporate Affairs acknowledges that services on MCA 21 are not of the fullest satisfaction of the stakeholders for last few days. The Ministry is seized of the matter and taking all necessary steps for smooth functioning of MCA21. ...

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Posted Under: Company Law |

MCA Site not Working –What to do?

MCA has kept entire corporate on hold. New companies are not incorporating and existing companies can’t file their returns due. On 17 January 2013, MCA changed its drivers of site. Earlier TCS use to manage MCA21, not batten has been passed to Infosys. The site is under transitional stage and hence some problems are bound to occur. ...

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Posted Under: Company Law |

Search online if your dividend is lying unpaid or Unclaimed

The Ministry of Corporate Affairs has launched a new search facility on its website for unpaid and unclaimed amounts lying with the companies. Investors can visit the web page www.iepf.gov.in and obtain information regarding such amounts by providing any of the following combination:...

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Posted Under: Company Law |

Phone Numbers of DIN Cell; and Help Desk w.e.f. 17.01.2013

PHONE NUMBERS OF DIN CELL AND HELP DESK  Stakeholders are hereby informed  that operator for MCA21 project is changing w.e.f. 17.01.2013 from M/s. TCS Ltd to M/s. Infosys Ltd. Due to this the new contact numbers for DIN Cell and Help desk will be :...

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Posted Under: Company Law |

MCA Starts disabling DIN of Directors

MCA STARTED DISABLING THE DIN OF DIRECTORS WHO HAVE NOT FURNISHED THEIR PAN MCA vide General Circular No. 4/2012, In continuation of General Circular Nos. 32/2011 dated 31.05.2011, 66/2011 dated 04.10.2011 and 70/2011 dated 15/12/2011 had extended the time limit of filing DIN-4 by DIN holders for furnishing PAN and to update PAN detai...

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XBRL Software Tool for e-filing of Cost Audit & Compliance Reports

Towards a service to our members, the Institute has provided FREE OF COST to its members an XBRL Software Tool for creation of Instance Documents of Cost Audit Report and Compliance Report using Costing Taxonomy and Business Rules published by the Ministry of Corporate Affairs for e-filing of these reports in XBRL Format. The Software Too...

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Posted Under: Company Law |

First Financial Year of a company & first AGM – Issues involved

Usually financial year of a company consists of 12 months. However, in some cases it may not be so. In case of newly incorporated company, financial statements have to be prepared from the date of incorporation of the company till the year-end date of the financial year which may not be of 12 months. Similarly in case of subsequent cha...

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MCA discontinues its Front offices in 4 Metro Cities

MCA Front offices situated at Delhi , Chennai , Mumbai and Kolkata are being discontinued with effect from Monday, the 8th of October, 2012 , and hence, will not be available to offer any assistance to MCA stakeholders. Kindly plan your activities accordingly....

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Posted Under: Company Law |

XBRL Filings for F.Y. 2011-12 would be enabled w.e.f 14th October, 2012

The Final Validation Tool and subsequent XBRL filings of financial statements for F.Y. 2011-12 on MCA website would be enabled with effect from 14th October, 2012....

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Posted Under: Company Law |

Voluntary guidelines for companies for providing general information on their websites

Voluntary Guidelines for Companies for providing general information on their websites about the company to promote good corporate governance and to enhance investors’ awareness...

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Posted Under: Company Law |

MCA urges to expedite filing of Balance Sheet & Annual Return

The Ministry issued General Circular No.30/2012 Dated 28.09.2012, In order to ensure smooth filing and to avoid last minute rush, the due date of filing of e-forms 23AC(Non-XBRL) and 23ACA (Non XBRL) as per new schedule VI is extended in following manner without any additional fee :-...

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Posted Under: Company Law |

Due Date to File 23AC, 23ACA & 23B

General Circular No.30,31/2012 (28/09/2012)

The Ministry of Corporate Affairs vide its General Circular No.30/2012 Dated 28.09.2012, mandates the due date of filing of e‐forms 23AC(Non‐XBRL) and 23ACA (Non XBRL) as per new schedule VI extended in following manner without any additional fee :‐ • Company holding AGM or whose due date for holding AGM is on or before 20....

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MCA to introduce refund process for unlinked incorrect NEFT payments

MCA is pleased to announce that a refund process will be introduced by 16th September, 2012 for the unlinked incorrect NEFT payments. Revised refund e-Form along with instruction kit will be available on the MCA21 portal. Users are requested to avail this facility. ...

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Posted Under: Company Law |

Overview of Annual eFiling under the Companies Act, 1956

1. Balance Sheet and Profit & Loss Accounts are to be filed as two separate documents with different e-Forms; 2. Each e-Form along with the relevant attachment(s) should be less than 2.5 MB. 3. The Balance Sheet, Profit & Loss Account and Annual Return are filed as attachments to the respective e-Forms. ...

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Posted Under: Company Law |

Status of Private Limited Company u/s 4(7) of Companies Act, 1956

It is important to check the status of Private Limited Company, if the shareholder of such Private Limited is Body Corporate incorporated outside India. It is also important from the audit point of view since if the status of such Private Limited Company is established as Subsidiary of Public u/s 4(7) of Companies Act, 1956 then all the C...

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Posted Under: Company Law |

Approval of govt for increase in remuneration to Non-Whole Time Directors due to service tax component

Applicability of Service Tax on Commission Payable to Non-Whole Time Directors of a Company Under Section 309 (4) of the Companies Act, 1956- Approval of Central Government Under Section 309/310 of the Companies Act ...

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Posted Under: Company Law |

Filing of Form 23B without Payment of Fee

As you may be aware, the Ministry of Corporate Affairs vide its circular number 14/2012 dated 21.06.2012 had imposed fees on Form 23B (Information by auditor to Registrar) w.e.f. 22/07/2012. Subsequently, the Ministry vide its circular number 19/2012 dated 27.07.2012 has extended the last date for filing the Form 23B without fee for two w...

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Posted Under: Company Law |

MCA advises Delhi Companies to Pay stamp Duty on increase in Authorised Share Capital

A Notification vide No. G.S.R. 716(E). dated 23.09.2011 was issued, in view of the order of the Hon’ble High Court of Delhi dtd. 21.04.2011 in the matter of M/s. S.E. Investment Limited Vs Union Of India and Others {W.P. (c) 2393/2010 and CM Appl. 4794/2011}, the Hon’ble Court had inter alia held that there is no provision in Delhi St...

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Posted Under: Company Law |

Fees on Certain E-Forms Filed with ROC, RD OR MCA(HQ)

Imposing Fees on Certain E-Forms Filed with ROC, RD OR MCA(HQ) under MCA-21 Where at Present No Fee is Prescribed The Ministry of Corporate Affairs  has decided to impose a certain amount of fee on the following forms at the rates indicated in the table below:-   S.No. Form No. Particulars of the Form Fee […]...

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Posted Under: Company Law |

Last Date to File Form 23B without Penalty Extended by 2 Weeks

Kindly note that the last date for filing the Form 23B without fee has been extended for two weeks. Fee shall be charged on any eForm 23B filed on or after 5th August, 2012. You are therefore advised to file the pending eForms within the time limit to avoid any last minute rush....

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Posted Under: Company Law |

Investor Education and Protection Fund (Uploading of Information Regarding unpaid and Unclaimed Amounts Lying with Companies) Rules, 2012

The information is to be filed in Form 5- INV as per the above mentioned rules; and thereafter an excel sheet containing detailed investor wise details is to be filed separately. The e Form, the excel template and detailed steps are provided in the IEPF application link on the portal www.iepf.gov.in.For financial year ended on 31st March...

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Posted Under: Company Law |

Filing of Cost Audit Report (Form‐I) and Compliance Report (Form‐A) in XBRL mode

52/17/CAB‐2011 (29/06/2012)

52/17/CAB‐2011 In continuation of MCA’s General Circular No. 8/2012 dated 10th May, 2012, it has been decided that filing of Cost Audit Reports and Compliance Reports with the Central Government in the XBRL mode shall be allowed after 31st July, 2012. ...

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MCA Mandates filing details of unclaimed & unpaid dividend

The Ministry of Corporate Affairs has notified that Investor Education and Protection Fund (Uploading of information regarding unpaid and unclaimed amounts lying with companies) Rules, 2012, has mandated every company to file e-Form 5INV containing the information of unclaimed and unpaid amounts as referred to in subsection (2) of section...

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Posted Under: Company Law |

FAQs on MCA Payment Process

1. What are the different modes of payment available for making MCA fee payments? The different modes of payment available are: Credit card/ Debit Card (Pay online) Net Banking (Pay online) Challan (Generate the Challan online, fill it and deposit it off-line at an authorized bank branch) NEFT Pay Later ...

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Posted Under: Company Law |

LLP Registry Merges with MCA-21 & Decentralization of LLP Approval to Various ROCs

LLP Registry is Now Merged with MCA-21 and Decentralization of LLP Approval to Various ROCs - The Ministry of Corporate Affairs, has achieved a new milestone by integrating e-Governance project for Limited Liability Partnership (LLP) under the platform of MCA21. This initiative has been taken on the advice of Union Corporate Affairs Minst...

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Posted Under: Company Law |

LLP – Status of Documents Submitted before 11th June’2012

The documents already filed by the LLPs (i.e. pre 11th June'2012) are in the process of being transferred to the MCA21 electronic record room. This may take a few days time. The View Public Document and Get Certified Copies facility for these would be available as soon as this activity is complete....

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Posted Under: Company Law |

New LLP Portal -Change in SRN, Charge IDs, Form Under resubmission, Registration, Login, Verification/Updation of Partner & details

NEW LLP PORTAL – GUIDELINES FOR STAKE HOLDERS - USER REGISTRATION & LOGIN Any user willing to avail any LLP related service for which payment of fees is required need to register on MCA21 system. For registration, users have been categorised into following two categories: a) Registered User b) Business User – these are further catego...

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Posted Under: Company Law |

MCA – Disclosure Framework Committee Report

The National Voluntary Guidelines (NVG) on Social, Economic and Environmental Responsibilities of Business were released by the Ministry on 8th July, 2011. Subsequently, a Committee was constituted for formulating a reporting framework in an electronic format (on MCA-21 platform) for disclosure of information in terms of the NVG. The form...

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Posted Under: Company Law |

Induction of upgraded LLP e-Governance in MCA21 and non-availability of LLP services for 10 days from 1st June, 2012

In Our Continued Endeavor To Enhance The Services To Stakeholders, MCA Announces Launch Of Upgraded LLP Registry From 11th June 2012. Stakeholders- Will Now Have Facility Of Online Payment From All Banks Through NEFT Or Use Internet Banking From Six Designated Banks Of MCA21, In Addition To Credit Card Payment....

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Posted Under: Company Law |

How to Convert partnership firm into company & Tax Effects

There are various ways of converting a firm to a company, viz; slump sale, itemized sale, admitting the company as a partner, dissolution thereof and on dissolution, business being taken over by the company etc.,. Being a topic with a very vast ambit an attempt has been made hereinabove to briefly discuss two alternatives. In view of the ...

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Changes to name availability guidelines

In view of providing better services to its stakeholders and ensuring correctness of names approved through online mode (i.e. through STP mode without backend processing by RoC user), Ministry has decided to provide a facility for verification of such names by the RoC user on a real time basis for immediate action....

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Posted Under: Company Law |

MCA – Induction of Union Bank of India as Payment Gateway

MCA adds another payment gateway through Union Bank of India for Credit Card and Internet Banking payments w.e.f. 20th May, 2012. For credit card payments, Union Bank of India shall be charging the transaction charge of 1.6% (plus applicable Government Charges) over and above the MCA statutory payment....

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Posted Under: Company Law |

Integration of LLP System into MCA-21

The Ministry is in process of integration of LLP system into MCA-21 in the month of June 2012 by allowing filing & approval of LLP forms at MCA-21 website (www.mca.gov.in) for better e-governance facility for stakeholders, by making necessary changes in e-forms. On post integration, old e-forms of the existing LLP system lying in “Pendi...

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Posted Under: Company Law |

How to Verify Digitally Signed Certificate on MCA21 portal

1. You will need to click the link 'Verify digitally signed certificate' available on the MCA21 portal home page to view the same. 2. Once the CIN/Company name is entered for the Company for which the Certificate is to be viewed, a list of Forms for which Digitally Signed Certificate is available will be displayed...

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