**
Ministry of Company Affairs has notified the e-Forms as of 10th February 2006, and
made operational from
28th February 2006. The Form Nos. mentioned in the tabulation below are the newly
notified e-Forms.
Event description |
Section |
Form No. |
Due date |
Remarks
|
INCORPORATION |
Availability of Name
Registration |
20 |
1A |
— |
Filing fees of Rs. 1000/- valid for 60 days. |
—Private
Limited
Company |
12, 33 146, 303
|
1, 18 32
|
— |
Form No. 1 to be attached with a copy of MAA and
proposed agreement with the Managing/Wholetime
Director/s (if any) are to be filed. Also attach Proof of
registered office address; NOC from director if registered
office is owned
by directors; A proof that the company is permitted to use the
address as the registered office of the company if the same is
owned by any other entity/ person and Certification by
Chartered Accountant or Cost Accountant or Company
Secretary is required. |
—Public
Limited
Company |
12, 33, 146 266, 303 |
1, 18 32, |
— |
In addition to Form No. 1, MAA and the agreement as foresaid, Form No. 29 for each Director is also required
to be filed. Also attach Proof of registered office address; NOC
from director if registered office is owned by dir sectors; A proof that the
company is permitted to use the address as the
registered office of the company if the same is owned by any
other entity/ person and Certification by Chartered Accountant or Cost
Accountant or Company Secretary is required |
Rectification of Mistakes
|
20, 12, 33
|
68
|
365 days from the date of approval of
Form 1 or
Form 1A
|
An application for rectification of mistakes in Form No. 1 &
1A shall be accompanied by fees of Rs. 1000/-.
|
ALTERATION OF MAA
|
Change of Name
|
21
|
1A
|
—
|
Seek availability of New Name from ROC along with Board
Resolution.
|
Change of Regd. Office
|
|
23
|
30 days
|
Thereafter pass a Special Resolution at GM to adopt the new
name. Apply to ROC for fresh certificate of incorporation along with changed MAA.
|
— In the
same city
within local limits
|
146
|
18
|
30 days
|
Pass Board Resolution. Attach Proof of registered office
address; NOC from director if registered office is owned by
directors; A proof that the company is permitted to use the
address as the registered office of the company if the same is
owned by any other entity/ person and Certification by
Chartered Accountant or Cost Accountant or Company
Secretary.
|
— Outside
local limits office
of city, town or village
|
146
|
23, 18
|
30 days
|
Pass Special Resolution at GM. Attach Proof of registered address; NOC from director if registered office is owned by
directors; A proof that the company is permitted to use the
address as the registered office of the company if the same is
owned by any other entity/person and Certification by
Chartered Accountant or Cost Accountant or
Company Secretary.
|
— In the
same State
but within the
jurisdiction of
another ROC
|
17A
|
23, 18,
|
30 days
|
Prior confirmation from Regional Director (application in
Form 1AD), Pass Special Resolution at GM. File with ROC
a certified copy of confirmation of Regional Director
along with amended MA. Attach Proof of registered office
address; NOC from director if registered office is owned by
directors; A proof that the company is permitted to use the
address as the registered office of the company if the same is
owned by any other entity/ person and Certification by
Chartered Accountant or Cost Accountant or Company
Secretary.
|
— From
one State
to another
|
17
|
24AAA
|
30 days
|
Pass Special Resolution at GM. File Petition to CG and
file copy with ROC.
|
|
18, 146
|
21 18
|
3 months 30 days
|
Certified copy of CG's order along with amended MAA
with ROC of both the states. Attach Proof of registered
office address; NOC from director if registered office is owned
by directors; A proof that the company is permitted to use the
address as the registered office of the company if the same is
owned by any other entity/ person and Certification by
Chartered Accountant or Cost Accountant or Company
Secretary.
|
Alteration of Objects clause
|
17, 18
|
23, 21 24AAA
|
30 days
|
Pass Special Resolution at GM. File copy with ROC along with
amended MAA. File Petition to CG and file copy with ROC.
|
Rectification of Mistakes
|
21
|
68
|
365 days from the date of approval ofForm
1A.
|
An application for rectification of mistakes in Form No.1A
shall be accompanied by fees of Rs.1000/-.
|
CONVERSION OF
|
Private to Public
|
44, 23
|
23
|
30 days
|
Pass Special Resolution at GM within 30 days of alteration of
Articles of Association file prospectus or statement in
lieu of prospectus. Thereafter apply for fresh
Certificate of incorporation.
|
Public to Private
|
31(1)
|
23 1B
|
30 days 3 months from
Special Resolution
|
Pass Special Resolution at GM.
File application for approval of ROC and on receipt of approval order file copy
of altered articles within one month to ROC.
|
DEPOSITS
|
|
|
Acceptance of Deposits
|
58A
|
—
|
Prior to Acceptance
|
Copy of advertisement (if any) or statement in lieu
of
advertisement.
|
|
|
Return of Deposits
|
30th June
|
Return as on 31st March every year — copy to RBI.
|
SHARE CAPITAL
DEBENTURES & securities
|
Issue – Where
Prospectus is issued
|
60
|
Prospectus
|
Before
Issue
|
Including expert's letter of consent and statement that he
has not withdrawn his consent, copy of contracts. Share
application form to be accompanied with Form 2.
Prospectus to be vetted by SEBI.
|
Where no Prospectus is issued
|
56(3)
70
|
2A
Statement in lieu of Prospectus
|
—
3 days
before 1st
Allotment
|
Memorandum containing salient features of prospectus.
|
Allotment
|
75(1)
|
2
|
30 days
|
Return of allotment.
|
|
75(2)
|
3
|
30 days
|
Particulars of contracts if allotment is otherwise than in
cash pursuant to contract not in writing.
|
Payment to under- writers in case of shares or debentures
not offered to public
and disclosed in a
prescribed form
|
76(I)
|
4
|
Before payment
|
|
Increase pursuant to Government Order
|
94A, 81(4)
|
5
|
30 days
|
Form duly stamped with CG Order Copy.
|
Consolidation of share capital, Conver-
sion of shares into
stock,
etc.
|
95
|
5
|
30 days
|
Pass a Resolution altering MAA at GM.
|
Increase of share capital or of members
|
97
|
5
|
30 days
|
Pass a Resolution altering MAA at GM.
|
Revalidation of Transfer Deed
|
108
|
7C
|
—
|
File with ROC with filing fees of ` 50 per transfer form
(if nominal capital to be transferred less than ` 5,000),
otherwise ` 100.
|
Shelf Prospectus
|
60A
|
Shelf
Prospectus
|
Before
1st issue
|
To be filed by a public financial institution, public sector
bank or scheduled bank whose main object is financing.
The shelf prospectus is valid for 1 year from the date of
opening of first issue. Information memorandum to be filed
prior to the second and subsequent issues.
|
BUY-BACK OF SECURITIES
|
Declaration of Solvency
|
77A(6)
|
4A
|
30 days
|
To be adopted by Board of Directors and signed by at
least two Directors, of which one should be Managing Director.
|
Register of Securities bought back
|
77A(9)
|
4B
|
On completion of buy-back
|
Number of securities bought, consideration paid, dates of
cancellation of securities/extinguishing, physical, destroying
the same, etc. to be included.
|
Return for buy-back of Securities
|
77A(10)
|
4C
|
30 days
|
Return contains detailed information to be submitted to the
ROC in relation to securities bought back.
|
REGISTRATION OF
CHARGES
|
Creation/Modification*
|
125, 127, 135
|
8
|
30 days
|
Along with certified copies of the instrument creating charge.
|
For Debenture Series
|
128, 129
|
10
|
30 days
|
Including particulars of commission etc. on Debentures.
|
Satisfaction* obtaining
|
138
|
17
|
30 days
|
Upon payment of debt or satisfaction otherwise, after signatures of the lender company and the Bank/Financial Institution.
|
MANAGEMENT &
ADMINISTRATION
|
Officer in default
|
|
|
|
|
— Appointment
|
5
|
1AA
|
30 days
|
If any one director or a person other than director along
with consent in Form 1AB.
|
—Withdrawal of
consent
|
5
|
1AC
|
30 days
|
Upon receiving notice of withdrawal of consent.
|
Commencement of Business
|
149(1)(a)
|
19
|
Before commen-cing any businessor exercising any
borrowing powers
|
If Prospectus has been issued.
|
|
149(2)(a)
|
20
|
— do —
|
If statement in lieu of Prospectus has been filed on ` 100
Stamp Paper.
|
Commencement of New Business
|
149(2A)(b)
(ii)
|
20A
|
Before commencing
|
Pass Special Resolution at GM.
|
|
|
23
|
30 days
|
|
Foreign Register of 30 days Members
|
157
|
Notice of
situation
|
|
For opening or change in situation or for discontinuance
|
Annual Returns for Company withShare Capital
|
159
|
Part II of
Sch. V
|
60 days of
AGM or
AGM due
|
Full particulars of past and present members once in six
years — If shares are listed on Stock Exchange to be
signed by full time practising Company Secretary.
|
— Without
Share Capital
|
160
|
21A
|
60 days of
AGM or
AGM due
|
Along with statement of indebtedness of all registrable
charges.
|
— Notice
of Trust
|
187C
|
22B
|
30 days
|
Upon receiving Forms I and II — Notice of beneficial
holdings.
|
Special Resolutions,
& for the following
other resolutions :
|
|
|
|
|
a) Agreed by
al lmembers or class
of members which
otherwise would
have to be passed
as Special Resolution
|
192
|
23
|
30 days
|
To be accompanied by Explanatory Statement if S. 173 is
applicable and agreement if any.
|
b) Board
resolutions
relating to appoint-
ment or variation
of the terms of
appointment of a
Managing Director.
|
|
|
|
|
c) Giving
powers to
the Board u/s. 293
|
|
|
|
|
d) Appointment
of sole
selling agent u/ss. 294
and 294AA
|
|
|
|
|
e) Voluntary
winding up
|
|
|
|
|
ACCOUNTS, auditand secretarial compliance
|
Books of Account – Situation other than
Registered Office
|
209
|
23AA
|
7 days
|
Pass a Board Resolution.
|
Annual Accounts
|
220
|
23AC
(B/S) 23ACA (P&L)
|
30 days
|
One copy of Balance Sheet, P & L A/c.., Directors'Report, Part IV of Sch. VI, Auditors' Report laid at AGM –
If NOT adopted, statement of non-adoption and reasons
therefor. [See Notes 2 and 3]
|
|
219
|
23AB
|
30 days
|
One copy of abridged accounts in case of listed companies
which can be issued to members instead of the full
accounts
|
Appointment/
Reappointment of Auditor
|
224
|
23B
|
30 days of intimation
|
To be filed by the auditors — acceptance or rejection to be
specified.* Applicable fees as per Schedule X to the Act.
|
Appointment/
Reappointment of Cost
Auditor
|
233B(2)
|
23C
|
90 days with the CG from the
date of
commencement
of each
financial year
|
To be filed by company.
|
|
233B
|
23D
|
30 days from the date of formal letter of
appointment
issued by the
company
|
To be filed by Cost Auditor with the CG- acceptance or rejection
to be specified.
|
Secretarial Compliance
Certificate
|
383A
|
66
|
30 Days of MGM
|
Any Company not required to have a whole time secretary but
having a paid-up capital of Rs.10,00,000/- or more but less than Rs.
5,00,00,000/- shall file with ROC a compliance certificate from a secretary in whole time practice.
|
DIRECTORS
|
Application for allotment of Director Identification Number (DIN)
|
266A-266G
|
DIN 1, 2,
3 & 4
|
—
|
W.E.F. 9-7-2011, a person having DIN shall use the same
DIN for all purposes under LLP Act, 2008.
|
Appointment of Managing/Wholetime
Director/Manager
|
269
|
25C
|
90 days
|
Appointment as per guidelines in Schedule XIII.
|
Appointment or change in Director/Secretary
|
303
|
32 & 32
Addendum
|
30 days
|
– One copy to be filed.
– To file an attachment relating to cause of
cessation in case of filing for cessation of directorship.
|
|
|
|
|
– A director aggrieved with his cessation may
file complaint in 'Investor Complaint Form'.
|
|
|
|
|
– On examination of complaint , ROC will
mark the Company as having "Management Dispute".
|
Appointment of Relative of Director with remuneration between
Rs. 50,000/- and
Rs. 2,50,000/- p.m.
|
314(1)(b)
|
23
|
30 days
|
Pass Special Resolution at GM.
Refer Director's Relatives (Office or Place of Profit) Rules, 2003
|
Appointment of Relative of Director with remuneration exceeding
Rs. 2,50,000/- p.m.
|
314(1)(B)
|
23
|
30 days
|
Pass Special Resolution at GM and Central Govt.'s permission
Refer Director's Relatives (Office or Place of Profit) Rules, 2003
|
JOINT STOCK CO.
|
Registration of Joint Stock Companies
|
567
|
37, 39
|
Before
Registration
|
Joint Stock Company to be registered under Part IX —
registration effective only upon filing documents.
|
Registration of Non-joint Stock Companies
|
568
|
37 & 39
|
— do —
|
Non-joint stock companies to be registered under Part IX.
|
FOREIGN COS.
|
|
|
|
|
Establishment of place of Business in India
|
592
|
44
|
30 days
|
Documents and prescribed particulars to be annexed to the
Form.
|
Alterations of :
|
|
|
|
|
a)Memorandum,
Charter or Articles
b)
Registered or
Principal Office
c) Director/Secretary
d) Person
authorised
to accept service of
document
e)
Principal place
in India
|
593
|
49 & 52
|
On/before
31st Jan. of
the year
following
the year in
which
alterations
are made for
(a), (b) & (c)
30 days for
(d) and (e)
|
|
Copies of Accounts and Business places list
|
594
|
52
|
9 months of F.Y.
|
3 copies of Balance Sheets and P & L A/c. in English
or certified translation in English and 3 copies of all
business places in India.
|
Cease to have placeof Business in India
|
597
|
52
|
Forthwith
|
—
|
Charges/Modifications/
satisfaction of charges
& appointment of receiver
|
600 &
125
|
55, 56, 57 58, 59 & 60
|
30 days
|
—
|
Annual Return
|
600
|
Annual
Return
|
60 days of F.Y.
|
As per Foreign Companies Rules, 1975.
|
Books of Account
|
600 & 209
|
23AA
|
7 days
|
Notice of address of place of maintaining books of account
other than the Principal place
|
Prospectus |
605 |
Prospect us Copy
|
Before issue in India |
— |
Rectification of Mistakes |
592 |
68 |
365 days from the date of approval of
Form 44.
|
An application for rectification of mistakes in Form No. 44 shall be
accompanied by fees of Rs. 10,000/-. |
The company would be in compliance of
section 219(1) of Companies Act, 1956, in case a copy of Balance Sheet, etc. is sent
by electronic mail to its member subject to the fact that the company has obtained
e-mail address of its member, after giving an advance opportunity to the member to
register his e-mail address and changes therein from time to time with the company or
with the concerned depository.
All companies falling under the above category of filing in XBRL Form
are permitted to file up to 30.09.2011 without any additional filing fee.