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E-forms under the Companies Act,2013. SANJAY KUMAR GUPTA,ICLS. Companies Act, 2013. Passed by the Lok Sabha – the lower house of parliament on December 18, 2013, by Rajya Sabha on 08/08/2013 Act notified on 29/08/2013. 98 section commences on 12/09/2013.
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E-forms under the Companies Act,2013 SANJAY KUMAR GUPTA,ICLS
Companies Act, 2013 • Passed by the Lok Sabha – the lower house of parliament on December 18, 2013, by Rajya Sabha on 08/08/2013 • Act notified on 29/08/2013. • 98 section commences on 12/09/2013. • Section 135 and Rule made there under notified on 27/02/2014; • Notification for commencement of Companies Act, 2013 notified on 25/03/2014. • Notification for 188 section made applicable from 01/04/2014. Total 287 sections notified so far. • Notification of various Rules related to above sections; • Provisions related to NCLT/NFRA/IEPF/Winding up are yet to notified.
New Functions • New Functions:- • Appeal function for Regional Director • Summary Liquidation proceedings by Central Govt. • Adjudication of penalties by ROC
New function under new forms • Process of Incorporation • Process made more disclosure based • Directors / shareholders to now give declaration for various information provided • Incorporation of a company can be revoked / struck off if, the information provided at the time of Incorporation are false or incorrect . • KYC norms for subscribers and its verification through banker’s certificate. • Directors to file their interest in various companies whether directly or indirectly in Form MBP-1 • Adjudication proceedings- Form ADJ-1
E-forms • Pre-certification of forms; • OPCs and Small companies Are exempted from pre-certification; • 15 days time allowed to resubmission/PUCL; • It is restricted to one time; • ROC can examine the documents filed under STP mode; • Resolutions passed by the board required to be filed by company; • Reduced rate of fees for OPCs and small companies;