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Untitled Document

MINISTRY OF CORPORATE AFFAIRS
GOVERNMENT OF INDIA

GENERAL CIRCULAR NO

06/2014, Dated: March 28, 2014

To,
All Regional Director
All Registrars of Companies

Sub: Roll out plan of various forms under the Companies Act, 2013 and continuance of forms under the provisions of Companies Act, 1956

I am directed to inform that this Ministry has notified 183 additional sections in addition to 99 sections earlier notified under the provisions of Companies Act, 2013. In this regard a Notification related to commencement of Companies Act, 2013 has been issued on 25/03/2014 which is available on the website of the Ministry.

2. In order to facilitate the completion of notified sections this Ministry has planned a staggered roll out of various forms. It has been decided to waive fees for all event based filing whose due date falls between 01/04/2014 to 30/04/2014. For the same, a separate Circular is being issued by the Policy Cell of this Ministry.

3. From 01/04/2014 to 14/04/2014 except existing e-forms mentioned in Table “A” no other e-forms will be available for filing. Other Front office portal services will continue. From 01/04/2014 to 13/04/2014 the period will be used for clearing pending e-forms already filed under the provisions of Companies Act, 1956.

Table “A”

S. No.
Old form
Purpose of form
1
66
Form for submission of compliance certificate with the Registrar
2
14LLP
Form for intimating to Registrar of Companies of conversion of the company into limited liability partnership (LLP).
3
20B
Form for filing 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 filing balance sheet and other documents with the Registrar
6
23ACA
Form for filing Profit and Loss account and other documents with the Registrar
7
23ACA-XBRL
Form for filing XBRL document in respect of Profit and Loss account and other documents with the Registrar
8
23AC-XBRL
Form for filing 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 filing 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 filing 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

4. in addition to above, e-forms mentioned in Table “B” will also be available for filing

Table “B”

S. No.
Old form
Purpose of form
1
Refund
Application for requesting refund of fees paid
2
Bank ACC
Application for simplifying bank account opening process as user shall not be required to submit any physical application form.
3
Investor Complaint Form
Form for filing complaint(s) against the company

5. From 14/04/2014, 39 new e-forms mentioned in Table “C” will be available on MCA portal for upload. Test version of these forms will be available from 28/03/2014 onwards. Final forms will be available from 14/04/2014.

Table “C”

S. 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

6. There are 5 general e-forms and 2 e-forms mentioned in Table “D” will be available for filing w.e.f. 28/04/2014 will be available for filing 24 notified forms/events which will be made available for individual e-filing at a later date, can be attached with these 7 e-forms and filed. Details of physical forms allowed to be filed along with general e-forms are attached with this Circular.

Table “D”

S. No.
New form no.
Purpose of form
Old form
1
GNL.1
Form for filing an application with Registrar of Companies
61
2
GNL.2
Form for submission of documents with Registrar of Companies
62
3
CG.1
Form for filing application or documents with Central Government
65
4
GNL.3
Particulars of person(s) or director(s) or changed or specified for the purpose of section 2(60)
1AA
5
MGT.6
Form of return to be filed with the Registrar
22B
6
RD.1
Form for filing application to Regional Director
24A
7
RD.2
Form for filing petitions to Central Government (Regional Director)
24AAA

7. In view of above, you are requested to give wide publicity of the circular for dissemination of information.

This issued with the approval of the competent authority.

F.No.MCA21/28/2014

(Sanjay Kumar Gupta)
Deputy Director

S. No.
Number of the form under the old Act
Number of the form under the new Act
Purpose of filing
Section under which the form is required to be filed (CA'13)
Chapter number
Remarks
1
61
GNL.1
Application for Compounding of offences
441
28
Radio button active in new Form GNL.1
2
Application for Extension of period of annual general meeting by three months
96
8
Radio button active in new Form GNL.1
3
Application for Extending the period of annual accounts upto eighteen months under section 210(4)
132
9
Radio button active in new Form GNL.1 for earlier years
4
Application for Declaring a defunct company
248, 252
28
Radio button active in new Form GNL.1 for earlier years
5
Application for Scheme of arrangement, amalgamation
232
15
Radio button active in new Form GNL.1
6
Application for Normalising a dormant company
455
29
Radio button active in new Form GNL.1 for earlier years
7
Application - Others
No Section
No Section
Radio button active in new Form GNL.1
8
62
GNL.2
Statement in lieu of prospectus as per schedule IV
Deleted
Deleted
No provision exists in new act. Hence option is disabled in new form GNL.2 (62)
9
Prospectus
26(4)
3
Radio button active in new Form GNL.2
10
Return of Deposits
76
5
Radio button active in new Form GNL.2
11
Form SH.9: Declaration of Solvency
68(6)
4
Radio button active in new Form GNL.2
12
Filing Final Statement of Account of winding up - Form 156
As per old rules and act.
As per old rules and act.
Radio button active in new Form GNL.2
13
Liquidator's statement u/s 551read with rule 327 [Companies (Court) Rules] - Form 152
As per old rules and act.
As per old rules and act.
Radio button active in new Form GNL.2
14
Liquidator's Affidavit u/s 551read with rule 327 [Companies (Court) Rules] - Form 153
As per old rules and act.
As per old rules and act.
Radio button active in new Form GNL.2
15
Liquidator's Statement of Unpaid Dividend or Undistributed Assets under Sec.555 read with rule 335 [Companies (Court) Rules] - Form 154
As per old rules and act.
As per old rules and act.
Radio button active in new Form GNL.2
16
Declaration of Solvency embodying a statement of assets and liabilities - Rule 313 [Companies (Court) Rules] - Form 159
As per old rules and act.
As per old rules and act.
Radio button active in new Form GNL.2
17
Return of final winding up meeting (Members voluntary winding up)- Rule 331 [Companies (Court) Rules] - Form 149
As per old rules and act.
As per old rules and act.
Radio button active in new Form GNL.2
18
Return of final winding up meeting (Creditors voluntary winding up) - Rule 331 [Companies (Court) Rules] - Form 157
As per old rules and act.
As per old rules and act.
Radio button active in new Form GNL.2
19
Return of final winding up meeting (Creditors voluntary winding up) - Rule 331 [Companies (Court) Rules] - Form 158
As per old rules and act.
As per old rules and act.
Radio button active in new Form GNL.2
20
Other documents
No Section
No Section
Radio button active in new Form GNL.2
21
24A
RD.1
Application to RD for approval for entering into contract
Deleted
Deleted
No provision exists in new act, hence option is disabled in new form RD.1 (24A)
22
Application to RD for appointment of auditor
Deleted
Deleted
No provision exists in new act, hence option is disabled in new form RD.1 (24A)
23
Application to RD for Issue of license under section 8
8(1) and 8(5)
2
New form prescribed
24
Application to RD for removal of auditor
139, 142
10
New form prescribed
25
Application to RD for rectification of name
16
2
New form prescribed
26
Application to RD - Others
No Section
No Section
New form prescribed
27
24AAA
RD.2
Form for filing petitions to Central Government (Regional Director) for shifting of registered office of the company from one State to another under section 17
13(4)
2
New form INC.23 prescribed, hence radio button is disabled in Form RD.2
28
Form for filing petitions to Central Government (Regional Director) under section 18
Deleted
Deleted
No provision exists in new act, hence option is disabled in new form RD.2 (24AAA)
29
Form for filing petitions to Central Government (Regional Director) under section 19
Deleted
Deleted
No provision exists in new act, hence option is disabled in new form RD.2 (24AAA)
30
Form for filing petitions to Central Government (Regional Director) for condonation of delay in filing charge forms under section 141
87
6
New form prescribed
31
Form for filing petitions to Central Government (Regional Director) under section 188
Deleted
Deleted
Rule is not prescribed, hence option is disabled in new form RD.2 (24AAA)
32
65
CG.1
Application for extension of time for repayment of deposits
Deleted
Deleted
Rule is not prescribed, hence option is disabled in new form CG.1 (65)
33
Information and explanation on reservations and qualification contained in the cost audit report by a company pursuant to section 233B(7) of the Companies Act, 1956
Deleted
Deleted
Rule is not prescribed, hence option is disabled in new form CG.1 (65)
32
Application - Others
No Section
No Section
New form prescribed

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