Friday, 5 October 2012

Filing of information regarding unpaid and unclaimed amounts


Every Company (including Non-banking Financial Companies and Residuary Non-banking Companies) shall, within a period of 90 days after the holding of Annual General Meeting or the date on which it should have been held as per the provisions of section 166 of the Act and every year thereafter till completion of the seven years period, identify the unclaimed amounts as referred to in sub-section (2) of section 205C of the Act, separately furnish and upload on its own website as also on the Ministry's website or any other website as may be specified by the Government a statement or information through eForm 5 INV, separately for each year, containing following information, namely:-
(a)  the names and last known addresses of the persons entitled to receive the sum;
(b)  the nature of amount;
(c)  the amount to which each person is entitled;
(d)  the due date for transfer into the Investor Education and Protection Fund; and
(e)  such other information as considered relevant for the purpose;
Provided that, for the financial year ended March 31, 2011, the information shall be filed, latest by the July 31, 2012.
(Extended upto 31.August.2012)
Verification of eForm
4. The information referred to in rule 3 shall be duly verified and certified by a chartered accountant or a company secretary or a cost accountant practicing in India or by the statutory auditors of the company.
Default in filing of information
5. If a company fails to furnish and upload information or furnishes and uploads false information on the website, the company, and every officer of the company who is in default, shall be liable and in such case the provisions of Section 629A of the Companies Act, 1956 shall be applicable.

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