OBSERVATIONS ON e-FORMS

I. COMPANY INCORPORATION FORM 1A –

Field of directors are only for 2 nos

Validity of name availadity is 60+30 Days, in case of section 25 Companies, it is not sufficient.

FORM 1: Point 2(f): Licence No./ Validity of Form 1A Point 5(b): Subscribed Capital- Not subscribed, it is undertaking to subscribe

only Point 7: Main objects – List given for 77 objects not sufficient Point 8: Details of other directorship- (Pendency of Form 32) Point 9: Registration No. of Vendor Certification/verification as a Director? Requirement for submission of original copy of the subscription page

FORM –18: Certification “It is certified that I have verified the above particulars (including

attachments) of …… XYZ PVT. LTD. and found them to be true and correct” (a) Which records were verified?(b) Whether the Company has came into existence on the signing of the

certificate?

FORM –32: Point 5: Designation: it should have options as “First Director” Category: Only professional, promoter and Independent, more categories like Nominee Director and others should be given. Certification “It is certified that I have Verified the above particulars

(including attachments) of …… XYZ PVT. LTD. and found them to be true and correct”

(a) Which records were verified?(b) Whether the Company has came into existence on the signing of the

certificate? In case of an existing Company, it must ensure that the director should be at least 2/3

for filing of Form 32 for resignation/cessation of directorship. Therefore, System restrict to comply with the requirement if the number of directors falls below 2/3 and the company forced for non compliance.

In case if a director died without having DIN, it is very problematic to file Form 32. Change in designation is having another problem, in case of appointment of additional

director as well as whole-time/MD on confirmation at the AGM, the status being shown as director in place of MD/WTD.

FORM 19: DECLARATION OF COMPLIANCE – ISSUING PROSPECTUS U/S 149(A), (B) AND (C)

Applicable to Public company when issuing prospectus.

Manual stamp duty needs to be paid on declaration

FORM 20: DECLARATION OF COMPLIANCE – ISSUING PROSPECTUS U/S 149(2(c)

Applicable to a Public Company when issuing statement in lieu of prospectus. Manual stamp duty needs to be paid on declaration

FORM 20A: DECLARATION OF COMPLIANCE – COMMENCING BUSINESS OF OTHER OBJECTS U/S 149(2A) or 149(2B)

Applicable to Public Company when intent to commence any new business activities not covered under its main objects.

Manual stamp duty needs to be paid on declaration

FORM 37 & 39: APPLICATION FOR INCORPORATION OF A COMPANT UNDER CHAPTER IX COMPANIES ACT

Requirements: Amended Partnership Deed having at least 7 partners. At least 2/3 partners must be having DIN and one of them having DSC. Confirm availability of name by applying in Form 1A Mention in Form 1 for registration under Part IX company. Prepare account not older than 7 days prior to the application Check that the subscribed capital in Form 1A and 39 should match with the

partners capital shown in the statement of accounts. Obtain consent of all partners in writing.

FORM 44: FORM FOR DELIVERY OF DOCUMENTS BY A FOREIGN COMPANY:

DIN is not compulsory however, PAN is must. E-stamping can be done

II. CHANGE OF NAME-CONVERSION:

FORM 1B: Application must have been filed within 30 days from the date of passing

special resolution, otherwise order for condonation of delay is required. Only 60+30 days time is available for change in the name of the Company. Form 1Ais not required for conversion.

III. OTHER IMPORTANT FORMS- RELATING TO DIRECTORS

FORM 1AA: PARTICULAR OF PERSONS CHARGED FOR COMPLIANCE U/S 5(f) or (g)

Practically this form is not being used in companies, it is advisable to designate the director/secretary or officers of the Company for compliance of specific sections and File Form 1AA. (Maximum 3 persons can be charged)

FORM DDB- INTIMATION FOR DISQUALIFICATION OF DIRECTORS U/S 274(1)(G)

Requirements: Failure to file Balance Sheet and Annual Return for a continuous period of

three years

Failure to repay deposits or interest thereon on due date being Failure to redeem its debentures on due date being Failure to pay dividend declared by the company sinceConditions DIN is must DIN 3/Form 32 must have been filed

FORM DDC- APPLICATION FOR REMOVAL OF DISQUALIFICATION U/S 274(1)(G)

On compliance of defaults On specific ground on case to case basis

IV. COMPLIANCE RELATING FORMS- ON SPECIFIC EVENT BASIS

FORM 1: TRANSFER OF UNPAID DIVIDEND TO INVESTORS PROTECTION FUNDSRequirement:

Amount in the unpaid dividend accounts of companies The application money received by companies for allotment of any securities

and due for refund Matured deposits with companies Grants and donation Interest accrued on the amounts referred to in clause Date by which amount should have been credited to the fund First the Challan needs to be generated and paid then only Form 1 can be filed.

FORM 2 & 3: RETURN OF ALLOTMENT Requirement: Form shall be filed within 30 days from the date of allotment. A single Form can be used for more than one allotment during the period of

30days List of allottees should be given in the Specific Format Annexure A and other

Annexure as may be applicable. Paid up capital after the allotment shown in Form 2 should be within the

authorized capital as per master data of MCA. Issued, subscribed and paid up capital should be classified properly

specifically in case of partly paid up shares were issued. In case of allotment of shares, other than in consideration of cash is issued

Form 3 shall also be filed. In case of a public limited company check that the Form 23 has been filed for

approval u/s 81(1A) before filing of Form 2. In case of a public limited company, the special resolution should be passed in

accordance with the requirement of Unlisted Public Limited Companies (issuance of shares on Preferential basis) Rules, 2001.

RoC is raising query relating to justification of Premium, if it has been raised Form 67 should be submitted for addendum well is time.

In case of allotment of shares under the Scheme of Amalgamated approved by the High Court, the RoC insist for filing of Form 3, which is not practically possible, as valuation of the assets cannot be ascertained and no need at all.

FORM 4: STATEMENT OF AMOUNT OR % OF THE COMMISSION PAYABLE IN RESPECT OF SHARES OR DEBENTURES AND THE NUMBER OF SHARES OR DEBENTURES FOR WHICH PERSONS HAVE AGREED FOR A COMMISSION TO SUBSCRIBE FOR ABSOLUTELY OR CONDITIONALLY

For Public Companies, generally not applicable.

FORM 4C: RETURN IN RESPECT OF BUY BACK, SECTION 77A For all Companies, but very rarely applied

FORM 5: NOTICE OF CONSOLIDATION, DIVISION, ETC. OR INCREASE IN SHARE CAPITAL OR NUMBER OF MEMBERS U/S 95, 97 OR 94A(2) OR 81(4) OF THE ACT, 1956

Requirement: On increase in the authorized capital/number of members Consolidation of share capital Split of shares Sub-division of shares Increase in the authorized share capital as per Scheme of MergerCheck: Whether the RoC has given any requirement for addendum/re-submission, if

so comply with within the stipulated time. Submit the physical stamped copy of Form 5 to RoC immediately/make

payment of stamp duty simultaneously. File Form 23 before Filing of Form 5. Ensure that the details of the authorized, issued, subscribed an paid up capital

is properly written, means once filing of Form 5, you cannot file Form 2 for allotment of shares prior to that date.

Check whether there is requirement for amendment in the capital clause of AOA

In case of the Amalgamation, if the Scheme/Court Order. Non compliance on observations raised, will reject the Form 5 automatically

by server and the fee on Form 5 will be lapse. FORM 21: NOTICE OF THE COURT OR THE CLB ORDER OR ANY OTHER COMPETENT AUTHORITY U/S 17(1), 17A, 79, 81(2), 81(4), 94A(2), 102(1), 107(3), 111(5), 141, 155, 167, 186, 391(2), 394(1), 396, 397, 398, 445, 466, 481, 559 AND 621A OF THE ACT

Requirements: Court Orders No. not mentioned generally Select proper applicable section specifically in case of section 391-394 In case of amalgamation the Form No. is required to be filed by Transferor

and Transferee Companies Proper SRN of the relevant Form must be given Penalty is required to be disclosed check whether it is penalty or cost of

petition Amount of penalty must be paid by way of generating challan under Misc.

Services and only Form 21 can be filed. Form must be filed within the stipulated time, otherwise it is required to

revalidate the orders from the competent authority as per provisions of the Companies Act, 1956.

Get the required certificate after approval of the Form from the RoC.

The Form needs to be certified by the professional

FORM 22: STATUTORY REPORT U/S 165 Applicable for public limited companies. To be filed once in the life time of

the Company. This forms required to be digitally signed by two directors and the auditors of

the Company. Normally companies commit default infilling of Form 22A.

FORM 22B: RETURN OF DISCLOSURE OF BENEFICIAL INTEREST TO BE FILED WITH THE REGISTRAR SECTION 187C(4)

There is general defaults and companies are not filing of this form to RoC and the promoters/ director themselves are committing default in providing declaration to the Company.

Declaration should be given by person who does not hold the beneficiary interest as per section 187C (1) is to be attached.

Declaration by the person who holds the beneficiary interest 187C(2) is to be attached.

Declaration by beneficial owner on any change in beneficial interest187C (3).

FORM 23: REGISTRATION OF RESOLUTION(S) AND AGREEMENT(S)Requirements:

Enter properly the total number of resolution, Based on the number entered here, number of blocks shall be displayed. Maximum ten 10 resolutions can be provided. The details of any more resolution can be provided as an optional attachment.

Select the correct purpose of passing resolution, system shall display the section. Select the type of resolution and passing authority properly. In case any of the resolution(s) for alteration in object clause, whether there is any

change in industrial activity of the company. If yes, based on the altered main objects of the company, please enter the main division of industrial activity.

In case any of the resolution(s) for voluntary winding up under section 484, enter the details of winding up. Select the mode of winding up. The date of commencement of winding up as the date of passing of the resolution entered in the form.

Enter the number of liquidator(s) Enter the PAN, name and address of the liquidator(s). Then status of company shall be changed to ‘Under Liquidation’ and the winding up details shall be updated in the system.

Note that status of the company shall not be changed to ‘Under Liquidation’ unless all pending e-Forms in respect of the company are closed in the system.

Details of only one agreement can be provided I Form 23. For each agreement separate Form 23 is required.

In case any of the resolution for alteration in object clause, and there is delay in filing of form 23, it cannot be filed unless e-Form 21 for condonation of the delay has been filed. Until Form 21 is approved Form 23 will also not be approved.

In case of shorter notice attach form 22A for consent.

FORM 23AA: NOTICE OF ADDRESS AT WHICH BOOKS OF ACCOUNT ARE MAINTAINED

It is a common default which is committing by most of the companies. It the Books of Accounts is keep at a place other than the Regd. Office, like Plant, then intimation should be given at least 7 days before the decision taken by the Board.

FORM 23AAA: APPLICATION TO CENTRAL GOVT. FOR MODIFICATION IN THE MATTERS TO BE STATED IN THE COMPANY'S BALANCE SHEET/P & L.

Balance Sheet and P & L Should be in the prescribed Format as provided in Schedule In most of the cases the format is being modified as per convenience without approval

of the Central Government, it is default under the Companies Act. Application for approval in Form 23AAA should be submitted before closing of the

Financial year. Normally the Central Govt. do not provide approval without any specific reasons.

FORM 23AAB: APPLICATION TO CENTRAL GOVT. FOR EXEMPTION FROM ATTACHING ANNUAL ACCOUNTS OF SUBSIDIARY COMPANIES

Application for approval in Form 23AAB should be submitted before closing of the Financial year.

Normally this approval is not required.

FORM 23AAC: APPLICATION TO CENTRAL GOVT. FOR NOT PROVIDING DEPRECIATION

Normally this approval is not required.

FORM 23C: APPLICATION TO THE CENTRAL GOVT. FOR APPOINTMENT OF COST AUDITOR

It is applicable on issuance of orders for Cost Audit by the Central Govt. Application should be made after obtaining of the Cost Audit Report or before the

commencement of the financial year. Every year fresh application needs to be filed for approval of cost auditors

appointment.

FORM 24: APPLICATION TO THE CENTRAL GOVT. FOR INCREASE IN THE NUMBER OF DIRECTORS

Normally this approval is not required.

FORM 24A: APPLICATION TO RD FOR RECTIFICATION OF NAME, LICENCE U/S 25, APPOINTMENT/REMOVAL OF AUDITORS, APPROVAL OF CONTRACT IN WHICH DIRECTORS ARE INTERESTED, FILING OF PETITION U/S 391-394.

For appointment of auditors, application needs to be submitted within 7 days from the date of failure to appoint.

For Licence u/s 25 applications should be immediately submitted after availability of name with all attachments.

Advertisement should be published in the newspaper after application is filed for licence.

For approval of contracts u/s 297 application should be submitted before entering into contracts. Normally companies committing default u/s 297.

FORM 24AB APPLICATION FOR GIVING LOAN, PROVIDING SECURITY OR GUARANTEE IN CONNECTION WITH A LOAN U/S 295

Applicable on a public limited company. If minutely observed, there is default in almost all the public companies. Previous approval is required. Consequences of violation is very sever.

FORM 24B: FORM OF APPLICATION TO CENTRAL GOVT. FOR OBTAINING PRIOR CONSENT FOR HOLDING OF OFFICE OR PLACE OF PROFIT IN THE COMPANY U/S 314

Applicable to all companies, where the remuneration is in excess of Rs.50,000 p.m. or 6 Lacs p.a.

Normally default is available on obtaining required approval in most of companies. Form 23 should be filed before making application in Form 24B. Previous approval is not required. Application should be in accordance with the guidelines issued by the MCA.

FORM 25A: APPLICATION TO CENTRAL GOVT. FOR APPROVAL OF APPOINTMENT OR REAPPOINTMENT AND REMUNERATION OR INCREASE IN REMUNERATION OR WAIVER FOR EXCESS OR OVER PAYMENT TO MD/ WTD/MANAGER AND COMMISSION OR REMUNERATION OR EXPRESSION OF OPINION TO DIRECTORSNormally this is not required it has very limited use.

FORM 25B: APPLICATION TO CENTRAL GOVT. FOR APPROVAL TO AMENDMENT OF PROVISIONS RELATING TO MD/WTD OR NON ROTATIONAL DIRECTOR: Normally this is not required it has very limited use.

FORM 25C: RETURN OF APPOINTMENT OF MD/WTD OR MANAGER Applicable to a public company on appointment and re-appointment of MD/WTD/M

if the appointment covered under the provisions of Schedule XIII. Within 90 days from the date of appointment/re-appointment needs to be filed. Requirement of Remuneration committee in case of inadequate profits. Some small companies commit defaults in appointment, filing of Form 25C as well as

obtaining approval of members.

FORM 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 SECTION 395: Normally this is not required, it has very limited use.

FORM 49 & 52 RELATED TO FOREIGN COMPANIESNormally this is not required, it has very limited use.

FORM 61: APPLICATION TO ROC FOR APPROVALS:Required for the following purposes:

(a) Scheme of arrangement, amalgamation(b) Declaring a defunct company under section 560(c) Extending the period of annual accounts upto eighteen months u/s 210(4)(d) Extension of period of annual general meeting by three months u/s 166(1)(e) Compounding of offences(f) Others

Separate application is required for each activities, however, a common application may be submitted for compounding of offence.

Approval of RoC is must. No filing fee is applicable. Indemnity Bond/Affidavit if any needs to be submitted in physically form to the RoC.

FORM 62 SUBMISSION OF DOCUMENTS TO REGISTRAR U/S 44, 60, 77A, 488, 497, 509, 516, 551, AND 555 OF THE ACT, RULE 313, 315, 327, 331, 335 OF THE COMPANIES (COURT) RULES, 1959 AND RULE 10 OF DEPOSITS RULES, 1975

This form can be submitted for the following purposes:(a) Statement in lieu of prospectus as per schedule IV(b) Prospectus as per schedule II(c) Form 149, 152, 153, 154, 156, 157, 158 and 159 of the Companies

(Court) Rules, 1959(d) Form 4A for buy back of shares (e) Return of deposits pursuant to rule 10 of the Deposits Rules, 1975(f) Any other purposes.

None of the documents should be submitted without Form 62 where no form is prescribed, except reply to the show cause notice.

Normal filing fee is applicable

FORM 63-64: RELATING TO NIDHI COMPANIESNormally this is not required it has very limited use.

FORM 65: FOR APPLICATION OR DOCUMENTS WITH CENTRAL GOVT.Purposes:

Application for Extension of Time or Exemption from payment of deposits. Information and explanation on reservations and qualification contained in the cost

audit report u/s 233B(7) Others None of the documents should be submitted without Form 62 where no form is

prescribed, except reply to the show cause notice. Normal filing fee is applicable

ANNUAL FILINGFORM 20B: ANNUAL RETURN OF A COMPANY HAVING SHARE CAPITAL:Check that:

The information provided in Form 20B should be up to the date of AGM. (specifically authorized, issued and paid up capital & secured loan.

In case AGM is not held or AGM is held after the due date of AGM information is to be provided up to the due date/due date of AGM after extension, as the case may be.

Form 20B shall be taken on record without any processing at the ROC office. Therefore all particulars in Form 20B must be correct as per the annual return.

There is no provision for resubmission of this eForm. No attachment can be submitted through the addendum service for Form 20B.

Therefore ensure that all required attachments have been attached if size of the list of shareholders, is large needs to be submitted in a CD.

In case there is any change in the email ID, enter the new email ID. Enter the AGM/ due date/AGM extension date correctly. This shall be compared with

other Annual Filing Forms and can impact their filing. Enter details for the authorised, issued, subscribed and paid up share capital break up

and debenture break up of the company as per schedule V.

Note that the Paid up capital entered in the form shall update the paid up capital of the company in master data.

In case company has shares of multiple nominal amount per share, then enter multiple nominal values per share separated by comma.

Details of director(s), MD, manager and secretary as on the date of AGM. Enter the number of director(s), MD, manager and secretary as on the date of AGM. Details of 2/3/5 directors have to be entered. Based on the number entered, blocks of fields shall be displayed upto maximum 20 persons.

It shall be validated that the DIN or PAN is entered is associated with the company as on the date of AGM. In case the details do not exist in the system, DIN/PAN of that person shall not be allowed to be entered. It should be ensured that Form DIN-3 or Form 32, as the case may be, has been filed and approved in respect of that person.

Enter the number of equity shares held by the person in the company. Select whether the person has signed the annual return or not. If yes, enter the date of

signing. Date of signing the annual return shall not be less than the date of appointment of the person and the date of AGM or latest due date thereof.

Details of director(s), MD, manager and secretary who ceased to be associated with the company since the date of last AGM. Enter the number of director(s), MD, manager and secretary who ceased to be associated with the company since the date of last AGM. Based on the number entered, blocks of fields shall be displayed for entering the details. Details of maximum 8 persons can be entered in the form.

Please note that ‘NO option’ cannot be selected in case the company is a private company; or where the number of share holders is less than or equal to 1000.

FORM 23AC & 23ACA: FILING BALANCE SHEET, P & L AND OTHER DOCUMENTS WITH THE REGISTRARNOTE:

The information provided should be as on the date of the balance sheet. Form 23AC shall be taken on record without any processing at the office of ROC.

Therefore ensure that all particulars in the Form 23AC are correct as per the balance sheet to be attached. There is no provision for resubmission of Form 23AC.

Balance sheet and other documents attached with Form 23AC shall be a copy of balance sheet authenticated as per section 215 of the Act.

Convert the soft copy of the balance sheet into PDF and attach with the Form 23AC. before converting write name, designation and date of signing by the auditor(s) and of directors/officers in the same manner as signed and authenticated Balance Sheet and also write Sd- above such name, designation and date.

If the file size of Form 23AC exceeds 2.5MB, use Additional Attachment Sheet at the time of uploading of Form 23AC. Once the filing is done, no attachment can be submitted. through the ‘Addendum’ service.

Details of director(s), MD, manager, secretary of the company who have signed the balance sheet Details are to be entered. Enter the DIN/ PAN, date of signing and click on prefill button. System shall display the designation and name of the person as on the date of signing of balance sheet. System shall be validated that the person (whose DIN or PAN is entered) is associated with the company as on the as on the date of signing of balance sheet. In case the details do not exist in the system, DIN/PAN of that person shall not be allowed to be entered. Ensure that Form DIN-3 or Form 32, has been filed and approved in respect of that person.

Enter the date of Board of directors' meeting in which Board's report referred to under section 217 was approved. For details of director(s), MD who have signed the Board's

report, enter the DIN, date of signing. System shall be validated that the person (whose DIN is entered) is associated with the company as on the date of signing of board’s report as entered in the form.

Select whether the attached Balance sheet has been audited by the auditors. Form shall not be allowed to be filed in case the balance sheet is not audited. Enter the date of signing of reports by the auditors, as mentioned in the balance sheet

Enter the date of AGM in which accounts are adopted. Enter SRN of Form 66. This is required to be entered in case the paid up capital

entered in the form is Rs.10 lakhs to Rs.5 Crores. In case of a foreign holding company, enter the name and country of origin of the

holding company. In case of an Indian holding company, enter the CIN of the holding company.

Enter the number of the subsidiary company. Based on the number entered, blocks of fields to enter the details of the subsidiary company(s) shall be displayed. In case of a foreign subsidiary company, enter the name and country of origin of the subsidiary company In case of an Indian subsidiary company, enter the CIN of the subsidiary company.

Enter the period of annual accounts of the subsidiary company in case particulars of subsidiary company are attached u/s 212(1) of the Act. Details of a maximum of 12 subsidiary company(s) can be given in the Form for excess use optional attachment..

Enter the number of auditor(s), details of auditor(s) who is signing the balance sheet. Enter SRN of Form 23B filed for appointment, if available otherwise enter Z99999999.

You can enter details of a maximum of 2 Auditor(s) in the eForm and rest, if any, can be provided as an optional attachment to the eForm.

In case of government company, select whether the CAG has commented upon or supplemented the audit report u/s 619(4). Filing of form shall not be allowed in case No is selected in this field. Enter the details of comments and supplements received from CAG and directors’ reply thereupon.

Select whether any supplementary/test audit has been conducted u/s 619(3)(b). If yes, attach the supplementary or test audit report.

All figures are to be entered in Rupees only. Convert the figures from crores, millions, lakhs, thousands or hundreds into rupees before entering the figures. In case any field is not applicable, zero must be entered. In case the company is filing its first balance sheet, then zero is to be entered in figures for the previous financial year.

If any item of balance sheet does not cover in the heads mentioned in Form 23AC, those items can be written in others field.

Enter the Amount for any revenue subsidies or grants received by the company Enter the details of transaction covered under AS 18. Form 23AC must be certified by a CA/CS/ICWA in whole-time practice by digitally

signing. With respective CP number. Certification in Form 23AC and 23ACA includes.

(a) verification of particulars filled in the forms from the records of the company

as true and correct;(b) verification that the balance sheet and profit and loss account and other

documents attached with the forms are true, correct and complete copies of the original balance sheet and profit and loss account signed by the directors and auditors and the said copies are same as laid and approved by the members in the AGM; and

(c) all the required attachment(s) have been completely attached to the forms.

FORM 66: FORM FOR SUBMISSION OF COMPLIANCE CERTIFICATE WITH THE REGISTRAR OF COMPANIES

FORM 23B: INFORMATION BY AUDITOR TO REGISTRAR Normally defaults being committed in filing of Form 23B to RoC. It is responsibility of the Auditor to file within 37 days (7+30) from the date of AGM. No filing fee is required for Form 23B Check whether appointment as auditor is in the capacity of individual or a partnership

firm. Enter the correct particulars of the auditor or auditor’s firm. Enter properly the period of accounts for audit. Copy of intimation received by auditor from the company is to be attached. Any other

information can be provided as an optional attachment. Form 23B should be digitally signed by the auditor who has been appointed as an

auditor of the company. Enter the ‘Membership Number’ of auditor signing Form 23B and select whether

ACA or FCS.

CHARGES

FORM 8: FOR CREATION OR MODIFICATION OF CHARGE:Requirements For Creation of new Charge:

In case of consortium finance and/ or joint charge, enter details of the lead charge holder only and provide the details of the other charge holder(s) as an attachment.

Select the category of the charge holder properly. Enter the details of creation or modification of the charge. Enter CIN, then system will automatically display the name, registered office address

and email ID of the charge holder. In case displayed address is not correct or address other than the registered office address of the charge holder is to be entered, then you can edit the address.

In case the amount is in foreign currency, enter its rupee equivalent and mention details of the foreign currency.

Instrument(s) of creation or modification of charge is a mandatory attachment. In case of acquisition of property, already subjected to charge; instrument evidencing

creation or modification of charge is a mandatory attachment. In case of joint charge and consortium finance; particulars of other charge holders

should be attached

Requirement for modification of existing Charge Charge identification number allotted at the time of registration of the charge is

mandatory, if it is not displaying on the website of MCA, submit original copy of the Form 8 for creation of Charge ID, before preparation of Form 8.

Approval of Form 8 shall not be allowed in case any other Form 8 filed earlier is pending for payment of fee or is under processing in respect of the charge ID entered in the form.

In case of modification of charge, the total amount secured by the charge after such modification should be given. If there is no modification in the charge amount, then enter the amount secured by the charge prior to such modification.

Enter the particulars as applicable after such modification. Enter the date of last modification prior to the present modification. Enter the particulars of the present modification. Ensure that correct particulars are

entered as the same shall be displayed in the certificate of modification. If any of the property or interest therein under reference is not registered in the name

of the company

SignatureForm 8 should be digitally signed by the charge holder and by the following –

In case of an Indian company- By the Managing director or director or manager or secretary of the company authorised by the Board of directors

In case of a foreign company- By an authorised representative. In case the charge is modified in favour of ARC or assignee then; should also be

digitally signed by such ARC or assignee. In such case, the digital signature of the company representative is optional

In case of company representative, select the designation of the person digitally signing the Form.

Enter the DIN in case the person digitally signing the Form is a director or MD or Enter income-tax PAN in case the person signing the Form is a manager or Secretary.

In case of charge holder, ARC or assignee; enter the designation of the person digitally signing the Form.

FORM 10: PARTICULARS FOR REGISTRATION OF CHARGES FOR DEBENTURE

Similar to Form, however, it needs to be certified by the CA/CS/ICWA

FORM 15: FOR NOTICE FOR CESSETION OF RECEIVER It is rarely required, however Form 36 is required to be filed before filing of Form 15.

FORM 17: SATISFACTION OF CHARGE Self explanatory Please check that the amount shown for satisfaction is matching with the Company

Records/Search Report, if the index of Charge is not updated, it will take the amount as per the data available on the website of MCA.

Needs to be signed by the Borrower, Professional and Charge holder. Only 30 days time is allowed, RoC has no power to extend the dame for filing.

FORM 36: RECEIVER/MANAGERS ABSTRACTS OR RECEIPTS AND PAYMENT Not applicable in working companies Self explanatory

STATUS OF FILING & APPROVALS from 1st April, 2008 to 31st March, 2009S.No. Particulars Section OB Received Disposes Balance1 Increase in number of directors 259 5 41 28 182 Amendment to provisions for

MD 268 3 23 6 20

3 Appointment of MD etc. 269, 309, 310

381 1419 1157 643

4 Office of Place of Profit 314(1B) 61 410 207 2645 Prosecution 50708 18183 11148 577436 Appointment cost auditor 233B 23497 Cost audit report 45858 Acquisition of shares 108A 1 3 3 19 Payment of dividend out of

reserves205A(3) 2 4 5 1

10 Payment of dividend without depreciation

205(2)© 3 5 3 5

11 Accounts of subsidiary 212 32 884 696 22012 Appointment of sole selling

agent294AA 9 19 21 8

13 Loan, guarantee to directors 295 20 22 36 6BY ROC and RD

14 Approval of contracts with directors

297 204 2047 2015 236

15 Change of Name 21 8543 8005 53816 Rectification of name 22 139 69 7017 Licence 25 419 306 11318 Alteration in AOC 31 2512 2314 19819 Appointment of Auditors 224 34 19 1520 Amalgamation 394-A 1234 1094 14021 Liquidation 557(7) 1173 394 77922 Defunct of Companies 560 50127 18249 31878Total Companies on 31st March, 2009 : 7,86,774PSUs 1,591Others 7,85,183

Public Limited 82,058Private Limited 7,04,716

New Registration 84,848Companies under liquidation/Strike off 32,705Foreign Companies 2,546Distribution of CompaniesTop 5 States Mumbai 1,76,817Delhi 1,57,194West Bengal 92,614Tamil Nadu 62,806Andhra Pradesh 58,324

----------- 5,47,775 = 69.72%Bottom 5 States:Lakshdweep 9Nagaland 53Andaman Nikobar 110Tripura 130Manipur 180 ---------- 482 = 0.62%

Our RoC MP & CGChhatisgarh Public 318 Pvt. 2962 Total 3,280 = 0.42%Madhya Pradesh Public 1292 Pvt. 10,257 Total 11,549 = 1.67% Total Public 1610 Pvt. 13,219 Total 14,829 = 1.89%

MCA ELECTRONIC FILING OVERVIEW TILL 31.03.2009Particulars Period No.

1 E-forms were revised 01/01/08 to 31/03/09 352 Average portal his per day 44 Lacs time3 Total e-filing of form Till 31/03/09 70.13 Lacs

4 Maximum Forms filed on a day 29/09/2007 41,832 Nos.5 New Companies Registered On line Till 31/03/09 1,87,4526 Search of Companies on line Do 8.12 Lacs7 DIN Issued Do 10.05 Lacs8 Number of Balance Sheets filed Do 11.74 Lacs 9 Number of Annual Returns filed Do 11.42 Lacs 10 Filing by own office/home Do 93%11 Payment by credit cards Do 63% 12 Survey of 7000 users Sati. 71%

EFFECIENCY IN MCA SERVICESS.No. Working Previously Now in MCA

01 Name approval 7 days 1-2days02 Company Incorporation 15 days 1-3 days03 Change of name 15 days 3 days04 Charges 10-15 days 2 days05 Certified copies 10 days 2 days06 Annual return & Balance Sheet 60 days 24 Hours07 Forms 32 60 days 1-3days08 Form 18 60 days 1-3 days09 Form 5 60 days 1-3 days

Revenue 728.22 Crores 1229 CroresExpeses 223 Crores