In accordance with Rule 9A of the companies (Incorporation) Rules, 2014, How can a name that has been reserved using Spice+ Part A be extended?
Plz guide us with regarding to Extension of redemption date of preference shares.
Whether we have to file MGT 14 or not for extending date ??
If the client comes after 31st January 2021 (UDIN last date), can we file with the ROC for extension of AGM?
Do the ROC has the power to extend the AGM beyond 31st December?
As per my understanding the ROC cannot extend time beyond 3 months, which they already exhausted.
Gap between 2 AGM should not be more than 15 months "interval shall not be more than fifteen months between two successive AGM" as per company law.
To grant extension, Only parliament needs to amend the company law.
The Registrar of Companies (“RoC”) may extend the time for holding the AGM, other than the first AGM, “for any special reason” by a period not exceeding three months, if it cannot be held within the prescribed time limit.
Section 10A was inserted in the Insolvency and Bankruptcy Code, 2016 (“Code”) for suspending the initiation of the corporate insolvency resolution process (“CIRP”) for any default arising on or after 25.03.2020 for a period of six months or such further period, not exceeding one year from such date. This amendment was introduced to provide relief to companies affected by COVID-19 pandemic by temporarily suspending the insolvency proceedings for a period six months i.e. w.e.f. 25.03.2020 till 25.09.2020.
Now, Ministry of Corporate Affairs vide notification dated 24.09.2020 has extended the temporary suspension of CIRP for a further period of three months i.e. w.e.f. 25.09.2020 to 25.12.2020.
As per the provisions of Section 10A, further extension of three months can still be granted further to the recent extension of three months.
Sub : Companies Act 2013-- Amendments and Relaxation granted through Circulars extending the time of various form/ return filing and compliance
Please find detailed amendment given by MCA under the Companies Act 2013 with extension of timelines till 31 Dec 2020 for various compliances under the Companies Act, 2013. Copies of all Circulars and Notifications are as attached.
1. Circular No. 30/ 2020 dt 28092020====Extension of Companies Fresh Start Scheme, 2020 (CFSS 2020)
2. Circular No. 31/ 2020 dt 28092020===== Extension of LLP Settlement Scheme, 2020
3. Circular No. 32/ 2020 dt 28092020===== Scheme for relaxation of time for filing forms related to creation or modification of charges under the Companies Act, 2013
4. Circular No. 33/ 2020 dt 28092020====Allowing conducting of EGM through VC or Other Audio Visual Means
5. Notification No. G.S.R. 590(E) dt 28092020 ====Extending the time upto which the companies can conduct Board meetings through VC or Other Audio Visual Means
6. Notification No. G.S.R. 589(E)dt 28092020====Extending the time within which Independent Directors can register themselves on databank maintained by IICA
Further please note that the Companies (Amendment) Bill , 2020 was passed in Lok Sabha on 17th Sept 2020 and in Rajya Sabha on 22nd Sept 2020 has now received the assent of President of India on 28th Sept, 2020 and now it has become the Companies ( Amendment ) Act , 2020 . Few synopsis of CAA 2020 is as attached for your ready perusal.
Compliance Calendar LLP is Recognised as Startup by DIPP Under Ministry of Commerce & Industry, Government of India