New Fees and Form under companies Act.

The e-filings have finally resumed and the traffic in MCA website speaks for itself. The e-filings were supposed to resume from 8 AM today, i.e. 28th April, 2014, which was postponed to 10 AM in order to cope up with the heavy traffic. The release of e-forms have been quiet successful and working in this environment will require an extensive knowledge of the form terminology. There has been a generous introduction of new forms and increase in Government fees by MCA.

The forms have been re-modeled and renamed to meet the new nomenclature of MCA forms. In order to facilitate easy understanding of the e-forms being rolled out under the provisions of Companies Act, 2013 and Rules made there under, the stakeholders are hereby informed that unlike numbering of various forms under the Companies Act, 1956, forms under the new Act are mandatorily numbered alpha-numeric. Initial of forms is to be started with alphabet of two or three letters based on the subject of the Chapter, followed by serial number of the form. This will define the nature of the forms and would be easy to recognize.

Following table reflects the newly introduced forms in comparison to the erstwhile old forms:

SL.NO.	New Form No.	Purpose of Form	Old Form
1	INC-1	Application for reservation of name	1A
2	INC-2	OPC- Application for Incorporation	New form
3	INC- 3	OPC- Nominee consent form	New form
4	INC-4	OPC- Change in Member/Nominee	New form
5	INC-5	OPC- Intimation of cessation	New form
6	INC-6	OPC- Application for Conversion	New form
7	INC-7	Incorporation of Co. (Other than OPC)	1
8	INC-18	Application to Regional director for conversion of section 8 co. into any other kind of co	New form
9	INC-20	Intimation to Registrar of revocation/surrender of license issued u/s 8	New form
10	INC.21	Application for commencement of business	19, 20
11	INC-22	Notice for situation or change of situation of registered office	18
12	INC-23	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.	1AD, 24AAA
13	INC-24	Application for change of name	1B
14	INC-27	Conversion form Pvt. To public or vice-versa	1B, 62
15	INC-28	Notice of order of the Court or Tribunal or any other competent authority	21
16	PAS-3	Return of allotment	2
17	SH-7	Notice to Registrar for alteration of share capital	5
18	SH-8	letter of offer	New form
19	SH-11	Return in respect of buy back of securities	4C
20	CHG-1	Application for registration of creation or modification of charge (other than debentures)	8
21	CHG.4	Particulars of satisfaction of charge	17
22	CHG-6	Notice of appointment or cessation of receiver or manager	15
23	CHG-9	Application for registration of creation or modification of charge in case of debentures	10
24	MGT-14	Filing of Resolutions and agreements to the Registrar under section 117	23
25	DIR-3	Application for allotment of Director Identification Number	DIN1
26	DIR-5	Intimation of change in particulars of Director to be given to the Central Government	DIN4
27	DIR-7	Notice of resignation of a director to the Registrar	New form
28	DIR-8	Particulars of appointment of directors and the key managerial personnel and the changes among them	32, 32AD
29	MR-1	Return of appointment of managing director or whole time director or manager	25C
30	MR-2	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	25A
31	URC-1	Application by a company for registration under section 366	37, 39
32	FC-1	Information to be filed by foreign company	44
33	FC.2	Return of alteration in the documents filed for registration by foreign company	49, 52
34	FC.3	List of all principal places of business in India established by foreign company	52
35	FC.4	Annual Return	PTII
36	ADJ	Memorandum of Appeal	New form
37	MSC-1	Application to ROC for obtaining the status of dormant company	New form
38	MSC-3	Return of dormant companies	New form
39	MSC-4	Application for seeking status of active company	New form

The revised forms and the new Act brought a new revised fee structure alongwith them. As per the new rules, every person applying for the DIN Number has to compulsorily obtain his Digital Signature Certificate (DSC) as well. This will specifically add up to the cost incorporating the company. Also, the fees for obtaining the DIN number have been increased from Rs. 100 per director to Rs. 500 per director.
A tough time ahead for start-ups…indeed. However, all the revisions in the procedural aspects of incorporation and maintenance have been made even more stringent. This, in turn, will definitely pave the way for a better regulated and structured corporate environment.