New forms and increase in Government fees by MCA

The e-filings have finally resumed and the traffic in MCA website speaks for itself. The e-filings were supposed to resume from 8 AM today, i.e. 28th April, 2014, which was postponed to 10 AM in order to cope up with the heavy traffic. The release of e-forms have been quiet successful and working in this environment will require an extensive knowledge of the form terminology. There has been a generous introduction of new  forms and increase in Government fees by MCA.  images The forms have been re-modeled and renamed to meet the new nomenclature of MCA forms.  In order to facilitate easy understanding of the e-forms being rolled out under the provisions of Companies Act, 2013 and Rules made there under, the stakeholders are hereby informed that unlike numbering of various forms under the Companies Act, 1956, forms under the new Act are mandatorily numbered alpha-numeric.  Initial of forms is to be started with alphabet of two or three letters based on the subject of the Chapter, followed by serial number of the form. This will define the nature of the forms and would be easy to recognize.   Following table reflects the newly introduced forms in comparison to the erstwhile old forms:  

SL.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

  The revised forms and the new Act brought a new revised fee structure alongwith them. As per the new rules, every person applying for the DIN Number has to compulsorily obtain his Digital Signature Certificate (DSC) as well. This will specifically add up to the cost incorporating the company. Also, the fees for obtaining the DIN number have been increased from Rs. 100 per director to Rs. 500 per director. A tough time ahead for start-ups…indeed. However, all the revisions in the procedural aspects of incorporation and maintenance have been made even more stringent. This, in turn, will definitely pave the way for a better regulated and structured corporate environment. ___________________________________________________________________________________________________ Feel free to write to us,at [info@taxmantra.com] or call us at +91 88208208 11.