PUBLIC NOTICE

Date: 11/04/2014

MCA ISSUES NEW E FORM

This is in continuation of the Public Notice No. MCA21/28/2014-eGov dated 28th March, 2014 informing stakeholders of the availability of the new E-Forms prescribed under the Companies Act, 2013 from 14th April, 2014. After a careful review it has been decided that there could be a single phase roll-out instead of the earlier notified staggered roll out for convenience of all concerned.

Accordingly, all E-Forms will be available for upload with effect from 28th April, 2014.

Regards

CA. Mona Singhal

Partner

Arpit Gupta & Associates

Chartered Accountants

701, Nirmal Tower,

26, Barakhamba Road,

Connaught Place, Delhi-110001

Mobile:- 8130711885

Blog: www.arpitguptaassociate.blogspot.in

PUBLIC NOTICE

No.MCA21/28/2014-e-Gov

Date: 28/03/2014

MCA ISSUES NEW E FORM

1. Companies Act, 2013 (The Act) was notified on 29th August, 2013. Sec 1(3) of the Act empowers the Central Government to notify different dates for different provisions of the Act. 98 sections of the Act were notified on 12.09.2013 and section 135 and rules there under on 27/02/2014. The Ministry has further notified 183 sections of the Act and Rules there under to be made effective from 01.04.2014 (except certain provisions, for example provisions under chapter XV, XVI, XVIII, XIX, XX, part II chapter XXI, chapter XXVII, chapter XXVIII). Most of the existing e-forms will be replaced by new e-forms from the said date. The following steps are being taken for smooth transition.

2. From 01/04/2014 to 13/04/2014 all Registrar of Companies (ROC) will finalise pending e-forms filed up to 31/03/2014 under the provisions of Companies Act 1956. This period will be utilized for deploying the new e-forms in the MCA -21 system. No e-forms will be available for filing except following 19 existing e-forms,. However, other Front Office portal’s services will continue.

Form Nos. 66, 14 LLP, 20B, 21A, 23AC&23ACA, 23AC-XBRL & 23ACA-XBRL, 23C, 23D, 35A, A-XBRL, FTE, I-XBRL, 5INV & 21, refund form, BankACC & Investor Complaint form.

3. With effect from 14/04/2014, 39 new e-forms pertaining to notified sections of the Companies Act, 2013 will be available on MCA portal for filing by stakeholders. Test version of these 39 forms will be available from 28/03/2014 onwards to enable stakeholders to get familiarized with the contents of these new e-forms. The final forms will be available for filing from 14/04/2014.These 39 e-forms are listed below:-

Form Nos. INC-1, INC-2, INC-3, INC-4, INC-5, INC-6, INC-7 INC-18, INC-20, INC-21, INC-22, INC-23, INC-24, INC-27, INC-28, PAS-3, SH-7, SH-8, SH-11, CHG-1, CHG-4, CHG-6, CHG-9, MGT-14, DIR-3, DIR-5, DIR-7, DIR-8, MR-1, MR-2, URC-1, FC-1, FC-2, FC-3, FC-4, ADJ, MSC-1, MSC-3 & MSC-4

4. With effect from 28/04/2014, the following e-forms will be available for filing. 17 notified forms 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 these 17 e-forms are given in the circular no. 06 of 2014.

Form Nos. GNL-1, GNL-2, GNL-3 (for RoC), RD-1, RD-2 (for RD Office), CG-1 & MGT-6.

5. All stakeholders are requested to follow the above instructions indicated in the Notice. For any query related to these instructions, the Helpdesk facility of the MCA21 portal may be contacted at appl.helpdesk@mca.gov.in or at0124-4832500.

Regards

CA. Mona Singhal

Partner

Arpit Gupta & Associates

Chartered Accountants

701, Nirmal Tower,

26, Barakhamba Road,

Connaught Place, Delhi-110001

Mobile:- 8130711885

Blog: www.arpitguptaassociate.blogspot.in

Government of India

Ministry of Gommunications & Information Technology

Department of Electronics & Information Technology

Office of Gontroller of Certifying Authorities

New Delhi

OFFICE ORDER

Verification of credentials prior to issuance of Digital Signature Certificate (DSC).

Dated : 11/12/2013

In continuation of the Office Order No. CCA/DC(T)/2013-98 dated 6^th September 2013, for documents acceptable as proof of identity and proof of address and their attestation, the following directions are issued for strict compliance.

Proof of identitv -

1. Passport

2. Copy of Driving Licence.

3. PAN Card.

4. Post Office lD Card.

5. Copy of Bank Account Passbook containing the photograph and signed by the individual with attestation by the concerned Bank official.

6. Photo lD Card issued by the Ministry of Home Affairs of Centre/ State Govts.

7. Any Government issued photo lD Card bearing the signature of the individual.

Proof of address -

1. Telephone Bill.

2. Electricity Bill.

3. Water Bill.

4. Gas connection.

5. Bank Statement signed by the bank.

6. Service Tax/ VAT Tax/Sales Tax registration certificate.

7. Driving License/RC

8. Voter lD Card

9. Passport.

10. Property Tax/ Corporation/ Municipal Corporation Receipt.

With the above documents the following conditions apply.

a) Validity of the Proof of Address : In case of any utility bills like electricity,

water, gas, and telephone bill, the recent proof, but not earlier than 3 months      from the date of application should be attached.

b) Using single document copy for both identity & Address proof: This  may be considered. However, if the address in the Photo-id is different from the

Address given in the application then a separate Address proof may be insisted upon & collected.

c) Attestation of Copy : This will be done only by Gazetted officer, OR Bank

Manager OR Post Master.

The above will come into force from 15th January 2014

Regards

CA. Mona Singhal

Partner

Arpit Gupta & Associates

Chartered Accountants

701, Nirmal Tower,

26, Barakhamba Road,

Connaught Place, Delhi-110001

Mobile:- 8130711885, 9873082769 

Website: www.caaga.co.in

Clarification with regard to holding of shares or exercising power in a fiduciary capacity - Holding and Subsidiary relationship under Section 2(87) of the Companies Act, 2013.

General Circular No. 20 /2013

Dated: 27th December. 2013.

This Ministry has received a number of representations consequent upon notifying section 2(87) of the Companies Act, 2013 which defines "subsidiary company" or "subsidiary". The stakeholders have requested this Ministry to clarify whether shares held or power exercisable by a company in a 'fiduciary capacity' will be excluded while determining if a particular company is a subsidiary of another company. The stakeholders have further pointed out that in terms of section 4(3) of the Companies Act, 1956, such shares or powers were excluded from the purview of holding-subsidiary relationship.

The matter has been examined in the Ministry and it is hereby clarified that the shares held by a company or power exercisable by it in another company in a 'fiduciary capacity' shall not be counted for the purpose of determining the holding-subsidiary relationship in terms of the provision of section 2(87) of the Companies Act, 2013.

Regards

CA. Mona Singhal

Partner

Arpit Gupta & Associates

Chartered Accountants

701, Nirmal Tower,

26, Barakhamba Road,

Connaught Place, Delhi-110001

Mobile:- 8130711885, 9873082769 

Website: www.caaga.co.in

Clarification With Regard to Applicability of Section 182(3) of The Companies Act, 2013

Circular no. : 19/2013

Dated : 10/12/2013

Ministry has received representations seeking clarification on disclosures to be made under section 182 of the companies Act, 2013. The same have been examined with the coming into force of the scheme relating to 'Electoral Trust Companies' in terms of section (24AA) of the Income Tax Act, 1961 read with Ministry of Finance Notification No. S.O.309(E) dated 31st January, 2013 it will be expedient to explain the requirements of disclosure on part of a company of any amount or amounts contributed by it to any political parties under section 182(3) of the Companies Act, 2013.

It is hereby clarified as under;

 I. Companies contributing any amount or amounts to an Electoral Trust Company' for contributing to a political party or parties are not required to make disclosures required under section 182(3) of Companies Act 2013. It will suffice if the Accounts of the company disclose the amount released to an Electoral Trust Company.

 II. Companies contributing any amount or amounts directly to a political party or parties will be required to make the disclosures laid down in section 182(3) of the Companies Act, 2013.

 III.  Electoral Trust Companies will be required to disclose all amounts received by them from other companies/sources in their Books of Accounts and also disclose the amount or amounts contributed by them to a political party or parties as required by section 182(3) of Companies Act, 2013.

This issues with the approval of competent authority.

Regards

CA. Mona Singhal

Partner

Arpit Gupta & Associates

Chartered Accountants

701, Nirmal Tower,

26, Barakhamba Road,

Connaught Place, Delhi-110001

Mobile:- 8130711885, 9873082769 

Website: www.caaga.co.in

RAJYA SABHA PASSES COMPANKES BILL, 2012

Parliament today passed the much-awaited Companies Bill which is aimed at protecting the interest of employees and small investors, with the government saying the "historic" measure will give impetus to growth and bring transparency.

The Companies Bill, which will replace the nearly 50-year-old Companies Act, was passed by Rajya Sabha by voice vote. Lok Sabha had given its assent in December last year.

Regards

CA. Mona Singhal

Partner

Arpit Gupta & Associates

Chartered Accountants

701, Nirmal Tower,

26, Barakhamba Road,

Connaught Place, Delhi-110001

Mobile:- +91-9873082769 

Website: www.caaga.co.in

Updates

REGISTRATION OF ELECTORAL TRUST AS COMPANIES UNDER SECTION 25 OF THE COMPANY ACT, 1956

Date: 28^th June 2013

In continuation to the ministry’s circular no. 45 dated. 08.07.2011, 48/2011 dated 22.07.2011 and 7/2012 dated 25/04/2012 on the subject cited above and para no. 9(iii) of General Circular  no. 45 dated 08.07.2011 is modified as under:-

“(iii) If it includes the words indicative of a separate type of business constitution or legal person or any connotation thereof, the same shall not be allowed. For e.g.: Cooperative, sehkari, trust, LLP, Partnership, society, proprietor, HUF, Firm, Inc, PLC, GmbH, SA, PTE, Sdn, AG etc.

Explanation: 1) Name including phrase ‘Electoral Trust’ may be allowed for Registration of companies to be formed under section 25 of the Companies Act, 1956 under the Electoral Trust Scheme,2013 as notified by the Central Board of Direct Taxes (CBDT).

 2) However, the company to be formed under section 25 of the Act, shall be the new company and such company will be required to comply with section 293 A – “Prohibitions and restrictions regarding political contributions” of the Act.

Further, Name application will be accompanied with an affidavit to the effect that the name to be obtained shall be only for the purpose of registration of companies under Electoral Trust Scheme as notified by the CBDT.

Regards

CA. Mona Singhal

Partner

Arpit Gupta & Associates

Chartered Accountants

701, Nirmal Tower,

26, Barakhamba Road,

Connaught Place, Delhi-110001

Mobile:- +91-9873082769 

Website: www.caaga.co.in