Friday, May 15, 2020

ROC Compliance 2020.



ROC FORMS DUE DATES FOR 2020
Forms
Particulars
Provision
Due date
ADT-1
(If applicable)
Notice to the registrar for appointment of auditor
Pursuant to Section 139 of the companies Act, 2013 and rule 4 (2) of the companies (Audit and Auditors) rules, 2014.
14/10/2020
AOC-4
(FOR FY-
2019-20)

Form for filing financial statement
Pursuant to section 137 of the Companies Act, 2013 sub-rule (1) of Rule 12 of Companies (Accounts) Rules, 2014
29/10/2020
(AGM 30/09/ 2020)
AOC-4 CFS
Form for filing consolidated financial statements and other Documents with the Registrar.
Pursuant to section 137 of the Companies Act, 2013 and Rule 12 of the Companies (Accounts) Rules, 2014
29/10/2020
(AGM 30/09/ 2020)
AOC-4 XBRL (FOR FY-
2019-20)

Form for filing XBRL of financial statement
Pursuant to section 137 of the Companies Act, 20 13 and rule 12(2) of the Companies (Accounts) Rules, 2014
29/10/2020
(AGM 30/09/ 2020)
MGT-7
Annual Return
Pursuant to sub-Section (1) of section 92 of the Companies Act, 2013 and sub-rule (1) of rule 1l of the Companies (Management and Administration) Rules, 2014.
28/11/2020
(AGM 30/09/ 2020)
MGT-8
Certificate by
Company Secretary
in Practice
Listed company or a
company having paid
up share capital of
Ten Crore rupees or
more or Turnover of
Fifty Crore rupees or
more
Pursuant to section 92(2) of the
Companies Act, 2013 and rule
11 (2) of Companies (Management
and Administration) Rules, 2014.
Attachment of
Form MGT-7
MGT-14
To be filed by public
Company after
Passing resolution of
Approval of financial
Statements and
Board report in
Board meeting.
Pursuant to section 117& 179 of the Companies Act, 2013.
Within 30 Days
from Passing
Of Board
Resolution
DIR-3 KYC
KYC of Directors
Pursuant to rule 12A of The Companies (Appointment and
Qualification of Directors) Rules,
2014
30/09/2020
DPT-3
Return of deposits
Pursuant to rule 16 of the Companies (Acceptance of
Deposits) Rules, 2014.
30/09/2020
MSME-1
Form for outstanding payments to MSME
Pursuant to Order 2 and 3 dated 22 January, 2019 issued under Section 405 of the Companies Act, 2013
31/10/2020
BEN-2
Return to the Registrar in respect of declaration under section 90
Pursuant to section 90(4) of The Companies Act, 2013 and rule 4 and rule 8 of the Companies (Significant Beneficial Owners) Rules, 2018.
30/09/2020
FORM MR-3 (FOR FY-
2019-20)

Submission of Secretarial Audit Report
Section 204 of Companies Act, 20 13 to be read with Rule 9 of The companies (Appointment and Remuneration Personnel) Rules, 2014.
Submitted with Board Report as an Attachment In AOC-4 (XBRL).
CRA-2
Form of appointment
of cost auditor by the
company
Pursuant to section 148(3) of
Companies Act, 20 13 and rule 6
(2) & 6 (3A) of the Companies (cost
records and audit) Rules, 2014.
Within a period
of 30 days of
the Board
meeting or
within 180
days of the
commencement
of the financial
year, whichever
is earlier.
CRA-4
Form for Cost Audit
Report
Pursuant to section 148(6) of Companies Act, 2013 and rule 6{6) Of the Companies (cost records and audit) Rules, 20 14
Within 30 Days
from Cost
Audit Report
PAS-6
Form for
Reconciliation of
Share Capital Audit
Report on half yearly
basis.
Pursuant to rule 9A(8) of the Companies (Prospectus and
Allotment of Securities) Rules,
2014.
within 60 days
from the date
deployment of
form on MCA.
LLP-11
Annual Return of LLP
Pursuant to rule 25(1) of Limited
Liability Partnership Rules, 2009.
30/09/2020
LLP-8
Statement of Account
& Solvency
Pursuant to rule 24 of Limited
Liability Partnership Rules, 2009.
30/09/2020


Sunday, April 7, 2019

RULE 38(A) of the Companies (Incorporation) Rules, 2014


Companies (Incorporation) Third Amendment Rules, 2019
The companies (Incorporation) Rules, 2019 contain 40 rules along with Annexures to these rules As below;
1 Short Title and Commencement
2 Definitions
3 One Person Company
4 Nomination by the Subscriber or Member of One Person Company
5 Penalty
6 One Person Company to Convert Itself into a Public Company or a Private Company in Certain Cases
7 Conversion of private company into One Person Company
7A Penalty
8 Undesirable Names
9 Reservation of Name
10 Where Articles Contains Entrenchment Provisions
11 Model Articles
12 Application for Incorporation of Companies
13 Signing of Memorandum and Articles
14 Declaration by Professionals
15 Declaration from Subscribers and First Directors
16 Particulars of every subscriber to be filed with the Registrar at the time of incorporation
17 Particulars of First Directors of the Company and their Consent to Act as Such
18 Certificate of Incorporation
19 License Under Section 8 for New Companies With Charitable Objects etc.
20 License for Existing Companies
21 Conditions for Conversion of a Company Registered U/s 8 into a Company of Any Other kind
22 Other Conditions to be Complied With by Companies Registered Under Section 8 Seeking Conversion into Any Other Kind
23 Intimation to Registrar of Revocation of Licence Issued Under Section 8
23A Declaration at the time of commencement of business
24 Notice and Veification of Change of Situation of the Registered Office
25 Verification of Registered Office
25A Active Company Tagging Identities and Verification (ACTIVE)
26 Publication of Name by Company
27 Notice and Verification of Change of Situation of the Registered Office
28 Shifting of Registered Office Within the Same State
29 Alteration of Memorandum by Change of Name
30 Shifting of Registered Office from One State or Union territory to Another State
31 Certified Copy of Central Government's Order
32 Change of Objects for Which Money is Raised Through Prospectus
33 Alteration of Articles
34 Copies of Memorandum and Articles, etc. to be Given to Members on Request Being Made by Them
35 Service of Documents
36 Integrated Process for Incorporation
37 Conversion of Unlimited Liability Company into a Limited Liability Company by Shares or Guarantee
38 Simplified Proforma for incorporating Company Electronically (SPICE)
38A** Application For Registration Of The Goods And Service Tax Indentification Number (GSTIN), Employees’ State Insurance Corporation (ESIC) Registration And Employees’ Provident Fund Organisation (EPFO) Registration. (AGILE)
39 Conversion of a company limited by guarantee into a company limited by shares
40.Application under sub-section (41) of section 2 for change in financial year
Annexure The Companies (Incorporation) Rules, 2014

Brief summery of above new rule 38A inserted via third amendment.
Date of notification: 29th march, 2019
Date of effective: 31st march, 2019

A new e-form AGILE (INC-35) introduced in this rule and it is available on MCA as AGILE E-form
AGILE (INC-35) is a linked form to be filed with INC-32.
It is not mandatory to apply for GSTIN through this form  you can select NO option so that all mandatory boxes will hide and just insert DIN/PAN of person who has Affix his DSC in INC-32 form.



If you want to apply for GST number then select “YES” els No.
Now you have to fill all details from 2-13 points in form.

Attachments:

Proof of Principal Place of Business (there is a criteria of maximum size of document allowed to be attached depending upon the proof you attach, so one needs to refer it).
Proof of Appointment of Authorized Signatory (Letter of Authorization or Board Resolution & Acceptance Letter).
If you select “No” just Affix DSC of person who has signed INC spice form and file it with INC-32.

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