Tuesday, 29 April 2014

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 FormOld Form
1INC-1Application for reservation of name1A
2INC-2OPC- Application for IncorporationNew form
3INC- 3OPC- Nominee consent formNew form
4INC-4OPC- Change in Member/NomineeNew form
5INC-5OPC- Intimation of cessationNew form
6INC-6OPC- Application for ConversionNew form
7INC-7Incorporation of Co. (Other than OPC)1
8INC-18Application to Regional director for conversion of section 8 co. into any other kind of coNew form
9INC-20Intimation to Registrar of revocation/surrender of license issued u/s 8New form
10INC.21Application for commencement of business19, 20
11INC-22Notice for situation or change of situation of registered office18
12INC-23Application 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
13INC-24Application for change of name1B
14INC-27Conversion form Pvt. To public or vice-versa1B, 62
15INC-28Notice of order of the Court or Tribunal or any other competent authority21
16PAS-3Return of allotment2
17SH-7Notice to Registrar for alteration of share capital5
18SH-8letter of offerNew form
19SH-11Return in respect of buy back of securities4C
20CHG-1Application for registration of creation or modification of charge (other than debentures)8
21CHG.4Particulars of satisfaction of charge17
22CHG-6Notice of appointment or cessation of receiver or manager15
23CHG-9Application for registration of creation or modification of charge in case of debentures10
24MGT-14Filing of Resolutions and agreements to the Registrar under section 11723
25DIR-3Application for allotment of Director Identification NumberDIN1
26DIR-5Intimation of change in particulars of Director to be given to the Central GovernmentDIN4
27DIR-7Notice of resignation of a director to the RegistrarNew form
28DIR-8Particulars of appointment of directors and the key managerial personnel and the changes among them32, 32AD
29MR-1Return of appointment of managing director or whole time director or manager25C
30MR-2Form 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 directors25A
31URC-1Application by a company for registration under section 36637, 39
32FC-1Information to be filed by foreign company44
33FC.2Return of alteration in the documents filed for registration by foreign company49, 52
34FC.3List of all principal places of business in India established by foreign company52
35FC.4Annual ReturnPTII
36ADJMemorandum of AppealNew form
37MSC-1Application to ROC for obtaining the status of dormant companyNew form
38MSC-3Return of dormant companiesNew form
39MSC-4Application for seeking status of active companyNew 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.

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