New Forms of Companies Act, 2013 -Corporate Support

General Circular no 6/2014

F. No:-MCA21/28/2014

Ministry of Corporate Affairs

Government of India

‘A’ Wing, 5^th Floor, Shastri Bhawan Dr. Rajendra Pd Road, New Delhi-11001

Date: - 28/03/2014 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

Sir,

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.

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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

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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	BankACC	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

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S. No.	New form no.	Purpose of form	Old form
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

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S. No.	New form no.	Purpose of form	Old form
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

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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.

Yours Faithfully

Encl:- As above

(Sanjay Kumar Gupta) Deputy Director 23384657 Copy to

1.      PPS to CAM

2.      PPS to Secretary

3.      PPS to Additional Secretary

4.      PPS to JS(R), JS(M), JS(B), JS(P)

5.      PPS to DII(UCN), DII(BNH)

6.      Dir(AK),DIR(AB),DIR(NC)

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S. No.	Number	Number	Purpose of filing		Section	Chapter	Remarks
	of the	of the			under	number
	form under the old Act	form under the new Act			which the form is required to be
					filed (CA'13)
1			Application for Compounding of offences		441	28	Radio button active in new Form
2							GNL.1
			Application for Extension of period of		96	8	Radio button
			annual general meeting by three				active in new Form
3			months				GNL.1
			Application for Extending the period of		132	9	Radio button
			annual accounts upto eighteen months under section 210(4)				active in new Form GNL.1   for earlier
4							years
			Application for Declaring a defunct		248, 252	28	Radio button
	61	GNL.1	company				active in new Form
							GNL.1   for earlier
5							years
			Application for Scheme of		232	15	Radio button
			arrangement, amalgamation				active in new Form
6							GNL.1
			Application for Normalising a dormant		455	29	Radio button
			company				active in new Form GNL.1   for earlier
7							years
			Application - Others		No	No	Radio button
					Section	Section	active in new Form
8							GNL.1
			Statement in lieu of prospectus as per		Deleted	Deleted	No provision exists
			schedule IV				in new act. Hence option is disabled in new form GNL.2
9							(62)
			Prospectus		26(4)	3	Radio button
							active in new Form
10	62	GNL.2					GNL.2
			Return of Deposits		76	5	Radio button
							active in new Form
11							GNL.2
			Form SH.9: Declaration of Solvency		68(6)	4	Radio button
							active in new Form
12							GNL.2
			Filing Final Statement of Account of		As per	As per	Radio button
			winding up - Form 156		old rules and act.	old rules and act	active in new Form GNL.2 .

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S. No.	Number	Number	Purpose of filing		Section	Chapter	Remarks
	of the                of the				under             number
	form                   form under                under				which the
	the old          the new Act                        Act				form is required to be
					filed (CA'13)
13			Liquidator's statement u/s 551read		As per	As per	Radio button
			with rule 327 [Companies (Court)		old rules	old	active in new Form
			Rules] - Form 152		and act.	rules	GNL.2
14						and act	.
			Liquidator's Affidavit u/s 551read with		As per	As per	Radio button
			rule 327 [Companies (Court) Rules] -		old rules	old	active in new Form
			Form 153		and act.	rules	GNL.2
15						and act	.
			Liquidator's Statement of Unpaid		As per	As per	Radio button
			Dividend or Undistributed Assets under		old rules	old	active in new Form
			Sec.555 read with rule 335 [Companies		and act.	rules	GNL.2
16			(Court) Rules] - Form 154			and act	.
			Declaration of Solvency embodying a		As per	As per	Radio button
			statement of assets and liabilities - Rule		old rules	old	active in new Form
			313 [Companies (Court) Rules] - Form		and act.	rules	GNL.2
17			159			and act	.
			Return of final winding up meeting		As per	As per	Radio button
			(Members voluntary winding up)- Rule		old rules	old	active in new Form
			331 [Companies (Court) Rules] - Form		and act.	rules	GNL.2
18			149			and act	.
			Return of final winding up meeting		As per	As per	Radio button
			(Creditors voluntary winding up) - Rule		old rules	old	active in new Form
			331 [Companies (Court) Rules] - Form		and act.	rules	GNL.2
19			157			and act	.
			Return of final winding up meeting		As per	As per	Radio button
			(Creditors voluntary winding up) - Rule		old rules	old	active in new Form
			331 [Companies (Court) Rules] - Form		and act.	rules	GNL.2
20			158			and act	.
			Other documents		No	No	Radio button
					Section	Section	active in new Form
21							GNL.2
			Application to RD for approval for		Deleted	Deleted	No provision exists
			entering into contract				in new act, hence option is disabled in new form RD.1
22	24A	RD.1					(24A)
			Application to RD for appointment of		Deleted	Deleted	No provision exists
			auditor				in new act, hence
							option is disabled in new form RD.1
23							(24A)
			Application to RD for Issue of license		8(1) and	2	New form
			under section 8		8(5)		prescribed

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S. No.	Number	Number	Purpose of filing		Section	Chapter	Remarks
	of the	of the			under             number
	form under the old Act	form under the new Act			which the form is required to be
					filed (CA'13)
24			Application to RD for removal of		139, 142	10	New form
25			auditor				prescribed
			Application to RD for rectification of		16	2	New form
26			name				prescribed
			Application to RD - Others		No	No	New form
27					Section	Section	prescribed
			Form for filing petitions to Central		13(4)	2	New form INC.23
			Government (Regional Director) for shifting of registered office of the company from one State to another				prescribed, hence radio button is disabled in Form
28			under section 17				RD.2
			Form for filing petitions to Central		Deleted	Deleted	No provision exists
			Government (Regional Director) under section 18				in new act, hence option is disabled in new form RD.2
29							(24AAA)
			Form for filing petitions to Central		Deleted	Deleted	No provision exists
	24AAA	RD.2	Government (Regional Director) under				in new act, hence
			section 19				option is disabled
							in new form RD.2
30							(24AAA)
			Form for filing petitions to Central		87	6	New form
			Government (Regional Director) for condonation of delay in filing charge				prescribed
31			forms under section 141
			Form for filing petitions to Central		Deleted	Deleted	Rule is not
			Government (Regional Director) under section 188				prescribed, hence option is disabled in new form RD.2
32							(24AAA)
			Application for extension of time for		Deleted	Deleted	Rule is not
			repayment of deposits				prescribed, hence option is disabled in new form CG.1
33	65	CG.1					(65)
			Information and explanation on		Deleted	Deleted	Rule is not
			reservations and qualification				prescribed, hence
			contained in the cost audit report by a company pursuant to section 233B(7)				option is disabled in new form CG.1
32			of the Companies Act, 1956				(65)
			Application - Others		No	No	New form
					Section	Section	prescribed

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