Roll out plan of various forms under the Companies Act, 2013 and continuance of forms under the provisions of Companies Act, 1956 - Companies Law - 06/2014

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 . 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 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 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. Encl:- As above Yours Faithfully (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) 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) 34 Application - Others No Section No Section New form prescribed