Wednesday 21 May 2014

List of New MCA E-Filing Forms, with Comparison of e-Form (Companies Act, 2013) v/s
Corresponding Form (Companies Act, 1956)
S. No. e-Form (Companies Act, 2013) Corresponding eForm (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 Person Company)
3. INC-3 New form Form for consent of nominee of One Person Company
4. INC-4 New form Form for change in member/nominee of One Person Company
5. INC-5 New form Form for intimation of exceeding threshold of One Person Company
6. INC-6 New form Application for Conversion
7. INC-7 1 Application for Incorporation of Company (Other than One Person Company)
8. INC-18 New form Application to Regional Director for conversion of section 8 company into any other kind of company
9. INC-20 New form Intimation to Registrar of revocation or surrender of license issued under section 8
10. INC-21 19 Declaration prior to the commencement of business
11. INC-22 18 Notice of situation or change of situation of registered office and verification
12. INC-23 1AD, 24AAA 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
13. INC-24 1B Application for approval of Central Government for change of name
14. INC-27 1B, 62 Conversion of public company into private company or private company into public company
15. INC-28 21 Notice of order of the Court or other authority
16. PAS-3 2 Return of allotment
17. SH-7 5 Notice to Registrar for alteration of share capital
18. SH-8 New form letter of offer
19. SH-11 4C Return in respect of buy back of securities
20. CHG-1 8 Application for registration of creation, modification of charge (other than those related to debentures) including particulars of modification of charge by Asset Reconstruction Company in terms of Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI)
21. CHG-4 17 Particulars for satisfaction of charge
22. CHG-6 15 Notice of appointment or cessation of receiver or manager
23. CHG-9 10 Application for registration of creation or modification of charge for debentures or
24. MGT-6 22B Form of return to be filed with the Registrar
25. MGT-14 23 Filing of Resolutions and agreements to the Registrar under section 117
26. DIR-3 DIN1 Application for allotment of Director Identification Number
27. DIR-6 DIN4 Intimation of change in particulars of Director to be given to the Central Government
28. DIR-11 New form Notice of resignation of a director to the Registrar
29. DIR-12 32, 32AD Particulars of appointment of directors and the key managerial personnel and the changes amongst them
30. MR-1 25C Return of appointment of managing director or whole time director or manager
31. MR-2 25A 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
32. URC-1 37, 39 Application by a company for registration under section 366
33. FC-1 44 Information to be filed by foreign company
34. FC-2 49, 52 Return of alteration in the documents filed for registration by foreign company
35. FC-3 52 List of all principal places of business in India established by foreign company
36. FC-4 PTII Annual Return
37. GNL-1 61 Form for filing an application with Registrar of Companies
38. GNL-2 62 Form for submission of documents with Registrar of Companies
39. GNL-3 1AA Particulars of person(s) or director(s) or charged or specified for the purpose of section 2(60)
40. ADJ New form Memorandum of Appeal
41. MSC-1 New form Application to ROC for obtaining the status of dormant company
42. MSC-3 New form Return of dormant companies
43. MSC-4 New form Application for seeking status of active company
44. RD-1 24A Form for filing application to Regional Director
45. RD-2 24AAA Form for filing petitions to Central Government (Regional Director)
46. CG-1 65 Form for filing application or documents with Central Government
47. - 66 Form for submission of compliance certificate with the Registrar
48. - 5INV Statement of unclaimed and unpaid amounts
49. - 14LLP Form for intimating to Registrar of Companies of conversion of the company into limited liability partnership (LLP).
50. - 20B Form for filing annual return by a company having a share capital with the Registrar
51. - 21A Particulars of annual return for the company not having share capital
52. - 23AC Form for filing balance sheet and other documents with the Registrar
53. - 23ACA Form for filing Profit and Loss account and other documents with the Registrar
54. - 23ACA-XBRL Form for filing XBRL document in respect of Profit and Loss account and other documents with the Registrar
55. - 23AC-XBRL Form for filing XBRL document in respect of balance sheet and other documents with the Registrar
56. - 23C Form of application to the Central Government for appointment of cost auditor
57. - 23D Form for Information by Cost Auditor to Central Government
58. - 35A Information to be furnished in relation to any offer of a scheme or contract involving the transfer of shares or any class of shares in the transferor company to the transferee company
59. - A-XBRL Form for filing XBRL document in respect of compliance report and other documents with the Central Government
60. - FTE Application for striking off the name of company under the Fast Track Exit(FTE) Mode
61. - I-XBRL Form for filing XBRL document in respect of cost audit report and other documents with the Central Government
62. - Refund Application for requesting refund of fees paid
63. - BankACC Application for simplifying bank account opening process as user shall not be required to submit any physical application form
64. - Investor Complaint Form Form for filing complaint(s) against the company
65. - 67AD Clarification

Monday 5 May 2014

Introduction to Company Act 2013 with Latest Development & Changes
The Companies Act, 2013 was assented by the President of India on 29 August 2013 and published in the Official Gazette on 30 August 2013.
The 2013 Act is promises to facilitate more business-friendly Corporate regulations, improve corporate governance norms, enhance accountability on the part of corporate and auditors, raise levels of transparency and protect interests of investors, particularly small investors, inculcating self compliance and making corporate socially responsible.
Some of the key changes to look for are in merger /demerger processes, cross border mergers, fast track mergers between small companies and holding –subsidiaries, and provisions relating to minority shareholders' protection and exit.
We believe that the new Act will help in reducing shareholders' litigation and making corporate restructuring process smooth and efficient.
With introduction of new concepts like – One Person Company(OPC) , Serious Fraud Investigation Office , Secretarial audit, Auditor's Rotation, Class Action Suit, Corporate Social Responsibility, Dormant Company ,Small Company, Women Director etc . improve corporate governance norms, enhance accountability on the part of corporate and auditors .
The New Framework in Companys Act 2013 compromise of
29 Chapters
470 Sections
7 Schedules
Latest Changes in Company Act 2013
As of now 283 sections with all 7 schedules are notified.
46 new e forms are available for filing including 3 General forms which will be used in place of 17 forms which are not available as e - forms as on date. (General circular 09/2014 dated 25.04.2014) List of old forms not rolled out is still available for filing (General Circular no.6 /2014 ) :-
S. No. Old Forms Purpose of form
1. 66 Form for submission of compliance certificate with the Registrar
2. 14LLP Form for intimating to Register of Companies of conversion of the company into limited liability partnership (LLP)
3. 20B Form for filling annual return by a company having a share capital with the Registrar
4. 21A Particulars of annual return for the company not having share capital
5. 23AC Form for filling balance sheet and other documents with the Registrar
6. 23ACA Form for filling Profit and Loss account and other documents with the Registrar
7. 23ACA-XBRL Form for filling XBRL document in respect of Profit and Loss account and other documents with the Registrar
8. 23AC-XBRL Form for filling XBRL document in respect of balance sheet and other documents with the Registrar
9. 23C Form of application to the Central Government for appointment of cost auditor
10. 23D Form for information by cost Auditor to Central Government
11. 35A Information to be furnished in relation to any offer of a scheme or contract involving the transfer of shares or any class of shares in the transferor company to the transferee company
12. A-XBRL Form for filling XBRL document in respect of compliance report and other documents with the Central Government
13. FTE Application for striking off the name of company under the fast Track Exit (FTE) Mode
14. I-XBRL Form for filling XBRL document in respect of cost audit report and other documents with the Central Government
15. 5-INV Transfer unpaid dividend amount to IEPF
16. 21 Order of the court/authority till 14/04/2014