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Tuesday, 22 April 2014

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, 5th 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.
1


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
2


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
3


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
4


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
5


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)
6











































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 .
7





































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
8





































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
9