Dear Sir/Mam, Our Company has failed to file INC-20A within 180 days of its Incorporation and now is unable to file any further form. Form INC-28 is an eform to be filed for filing of "Notice of Order of the Court or any other competent authority". So the process of condonation can not be completed with the said eform. Now as per Section 460 of the Companies Act the applications which could not be filed within the time specified therein than CG may for the reasons record in writing can condone the delay and the application under the said form is CG-1. Now CG-1 is giving the error "Form Filing is not allowed since Declaration for Commencement of Business is not filed in form INC-20A. Please file form INC-28 for condonation of delay and proceed to file form INC-20A". Kindly help us in this regard.
Click here to view / answer Share it onDear Sir/Mam, With regard to the new Form DPT-3 deployed by MCA, we have a query with respect to amounts to be filled in the option which says Particulars of transactions by a company not considered as deposit as per rule 2 (1) (c) of the Companies (Acceptance of Deposit) Rules, 2014 as to in this field only amounts pertaining to FY 2018-19 are to filled or outstanding amount of borrowing as shown in balance sheet as on 31/03/2019. Is mandatory attachment required for the same? Whether two forms (one time return and annual return for amounts other than deposits) are required to be filed for one private ltd. co. Kindly help in this regard.
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Dear All,
In a listed Company, a Company Secretary and a CEO were appointed in the last week of February, 2019. Form DIR-12 for their appointment was duly filed with MCA. However, inadvertently, the Company failed to file Form MGT 14 for their appointment.
As per latest provisions after implementation of Companies Ordinance, 2018 i.e. 2nd November, 2018, ROC has powers of Adjudication for filing of Form MGT 14 beyond the period of 30 days.
“In case of non compliance like filing of e-form after 30 days ROC can impose penalty on Company and Officer in Default. ROC after filing of form directly can send notice to Company for payment of penalty without any application, petition in front of any authority.”
The company is at present a SICK Company and can't afford to pay the penalty that may be imposed by ROC. Please guide what is the way out for the Company.
If a company received loan from another company in which the same director of recipient, then in recipient company board consent sufficient or shareholders?
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Auditor appointed in a pvt co for 5 yr in 2015 , he resigned in April 2017, Company appoint the same firm as auditor for fy 2016-17 in egm on June 2017.
Query is for how many years the auditor will be appointed at agm 2017 ?
Whether it will be 5 yr or we need to count previous year engagement also and appoint for rest term ?
Dear Members,
We could not file the annual returns of the companies with in the due sate as mentioned so are there any consequences apart from the fees payable which is auto calculated .like penaulties on directors kindly confrim in this regard its urgent please
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Thanks & Regards,
CA Vinod Kumar K
Mob No : 9739219677
Whatsapp : 9032624625
There is a public company, turnover of which was in excess of 200 Crore in the year 2017 but in 2018 it is less than 100 crore, upto which year it is required to comply with provisions of Audit Committee, Nomination Committee, Independent Director and Secretarial Audit is also applicable this year or not ?
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Does somebody has comparision between as 18 and related party definition as per companies act 2013 ?
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Dear Members,
A company in which 80% or more members in number are relatives of promoters or are related parties, are they eligible to vote being a related party?
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As per Companies (Significant Beneficial Owners) Rule, 2018, the ultimate natural person who holds more than 10% shares in downstream Company should file Form BEN-1 to the Company and Company will file BEN-2 with the ROC.
The Company shall maintain a register in Form BEN-3 for these transactions.
Query : 1) Is above applicable to a private ltd. company?
2) If yes, then what is the due date to file BEN-2 with the ROC?
3) What is the due date by which company should receive BEN-1?
4) Is it applicable to Preference shares allotted on 31/07/2018?
Q.Quertsy :
KUMAR S E N
Please explain the Principle related to mens rea maxim ‘Actus non facit reum nisi mens sit rea’
Click here to view / answer Share it onThe Company has Unclaimed dividend of many previous years and has not filled IEPF Form and Excel templates on site as required under IEPF rules. Now the form to be filled. the confusion is that while preparing excel should i give information for unclaimed dividend for all previous years in a single sheet or i should use separate one. If i use single sheet, mean while the same to be filled in IEPF-2, and the form is for the particular year.
