Extension of Due Date for Filing AOC-4 and MGT 7 to 30th Nov 2015

MCA has extended the due date for filing AOC-4 and MGT-7 E FORM under the Companies Act 2013 to 30th Nov 2015. As AOC-4 XBRL due date was already extended to 30th Nov 2015 through General Circular No.10/2015 dated 13.07.2015.

General Circular No. 14/2015

F. No.01/34/2013-CL.V

Government of India

Ministry of Corporate Affairs

5th  Floor, A wing, Shastri Bhawan

Dr. Rajendra Prasad Road, New Delhi

Dated: 28th October, 2015

To

All Regional Directors,

All Registrar of Companies,

All stakeholders

Subject : Relaxation of additional fees and extension of last date of filing of AOC-4, AOC-4 XBRL and MGT-7 E-Forms under the Companies Act, 2013 – reg.

Sir,

In continuation of this Ministry’s General Circular No.10/2015 dated 13.07.2015, keeping in view the request received from various stakeholders, it has been decided to relax the additional fee payable on forms AOC-4 and AOC-4 XBRL upto 30th November, 2015. The additional fee requirement for MGT-7 E-Form is also relaxed for all such forms filed till 30th November, 2015, wherever additional fee is applicable.

2. This issues with the approval of competent authority.

Yours faithfully,

(K.M.S. Narayanan)

Assistant Director

SECRETARIAL STANDARD ON BOARD MEETINGS: MEETINGS OF THE BOARD OF DIRECTORS

Institute of Company Secretaries of India (ICSI) has issued the Secretarial Standard-1 (SS-1) on “Meetings of the Board of Directors” same has been approved by the Central Government. Also note that adherence by a company to this Secretarial Standard is mandatory, as per the provisions of the Companies Act, 2013.

SS-1:Meetings of the Board of Directors are set of principles for convening and conducting Meetings of the Board of Directors and matters related thereto. This Standard is not applicable to One Person Company (OPC) in which there is only one Director on its Board.

  • Any Director of a company may, at any time, summon a Meeting of the Board, and the Company Secretary or where there is no Company Secretary,
  • any person authorised by the Board in this behalf, on the requisition of a  Director, shall convene a Meeting of the Board, in consultation with the Chairman or in his absence, the Managing Director or in his absence, the Whole-time Director, where there is any, unless otherwise provided in the Articles.
  • The Chairman may, unless dissented to or objected by the majority of Directors present at a Meeting at which a Quorum is present, adjourn the Meeting for any reason, at any stage of the Meeting.
  • Time, Place, Mode and Serial Number of Meeting
  • Every Meeting shall have a serial number.
  • A Meeting may be convened at any time and place, on any day, excluding a National Holiday.
  • Any Director may participate through Electronic Mode in a Meeting, if the company provides such facility, unless the Act or any other law specifically does not allow such participation through Electronic Mode in respect of any item of business.
  • Notice in writing of every Meeting shall be given to every Director by hand or by speed post or by registered post or by courier or by facsimile or by e-mail or by any other electronic means.
  • Notice shall be issued by the Company Secretary or where there is no Company Secretary, any Director or any other person authorised by the Board for the purpose.
  • The Notice shall specify the serial number, day, date, time and full address of the venue of the Meeting.
  • In case the facility of participation through Electronic Mode is being made available , the Notice shall inform the Directors about the availability of such facility, and provide them necessary information to avail such facility.
  • The Notice of a Meeting shall be given even if Meetings are held on pre-determined dates or at pre-determined intervals.
  • Notice convening a Meeting shall be given at least seven days before the date of the Meeting, unless the Articles prescribe a longer period.
  • The Agenda, setting out the business to be transacted at the Meeting, and Notes on Agenda shall be given to the Directors at least seven days before the date of the Meeting, unless the Articles prescribe a longer period.
  • Each item of business requiring approval at the Meeting shall be supported by a note setting out the details of the proposal, relevant material facts that enable the Directors to understand the meaning, scope and implications of the proposal and the nature of concern or interest, if any,  of any Director in the proposal, which the Director had earlier disclosed.
  • Each item of business to be taken up at the Meeting shall be serially numbered.
  • Any item not included in the Agenda may be taken up for consideration with the permission of the Chairman and with the consent of a majority of the Directors present in the Meeting, which shall include at least one Independent Director, if any.
  • To transact urgent business, the Notice, Agenda and Notes on Agenda may be given at shorter period of time than stated above, if at least one Independent Director, if any, shall be present at such Meeting. If no Independent Director is present, decisions taken at such a Meeting shall be circulated to all the Directors and shall be final only on ratification thereof by at least one Independent Director, if any. In case the company does not have an Independent Director, the decisions shall be final only on ratification thereof by a majority of the Directors of the company, unless such decisions were approved at the Meeting itself by a majority of Directors of the company.
  • The Board shallmeet at least once in every calendar quarter, with a maximum interval of one hundred and twenty days between any two consecutive Meetings of the Board, such that at least four Meetings are held in each Calendar Year.
  • Committees shall meet as often as necessary subject to the minimum number and frequency stipulated by the Board or as prescribed by any law or authority.
  • Where a company is required to appoint Independent Directors under the Act, such Independent Directors shall meet at least once in a Calendar Year.
  • Quorum shall be present not only at the time of commencement of the Meeting but also while transacting business.
  • A Director shall not be reckoned for Quorum in respect of an item in which he is interested and he shall not be present, whether physically or through Electronic Mode, during discussions and voting on such item.
  • Directors participating through Electronic Mode in a Meeting shall be counted for the purpose of Quorum, unless they are to be excluded for any items of business under the provisions of the Act or any other law.
  • The Quorum for a Meeting of the Board shall be one-third of the total strength of the Board, or two Directors, whichever is higher.
  • Where the number of Directors is reduced below the minimum fixed by the Articles, no business shall be transacted unless the number is first made up by the remaining Director(s) or through a general meeting.
  • The presence of all the members of any Committee constituted by the Board is necessary to form the Quorum for Meetings of such Committee unless otherwise stipulated in the Act or any other law or the Articles or by the Board.
  • Every company shall maintain separate attendance registers for the Meetings of the Board and Meetings of the Committee
  • The attendance  register shall contain the following particulars: serial number and date of the Meeting; in case of a Committee Meeting name of the Committee; place of the Meeting; time of the Meeting; names of the Directors and signature of each Director present; name and signature of the Company Secretary who is in attendance and also of persons attending the Meeting by invitation.
  • Every Director, Company Secretary who is in attendance and every Invitee who attends a Meeting of the Board or Committee thereof shall sign the attendance register at that Meeting.
  • The attendance register shall be maintained at the Registered Office of the company or such other place as may be approved by the Board
  • The attendance register is open for inspection by the Directors.
  • Entries in the attendance register shall be authenticated by the Company Secretary or where there is no Company Secretary, by the Chairman by appending his signature to each page.
  • The attendance register shall be preserved for a period of at least eight financial years and may be destroyed thereafter with the approval of the Board.
  • The attendance register shall be kept in the custody of the Company Secretary.
  • Leave of absence shall be granted to a Director only when a request for such leave has been received by the Company Secretary or by the Chairman.
  • The Chairman of the company shall be the Chairman of the Board. If the company does not have a Chairman, the Directors may elect one of themselves to be the Chairman of the Board.
  •  The Chairman of the Board shall conduct the Meetings of the Board. If no Chairman is elected or if the Chairman is unable to attend the Meeting, the Directors present at the Meeting shall elect one of themselves to chair and conduct the Meeting, unless otherwise provided in the Articles.
  • A member of the Committee appointed by the Board or elected by the Committee as Chairman of the Committee, in accordance with the Act or any other law or the Articles, shall conduct the Meetings of the Committee. If no Chairman has been so elected or if the elected Chairman is unable to attend the Meeting, the Committee shall elect one of its members present to chair and conduct the Meeting of the Committee, unless otherwise provided in the Articles
  • The Chairman of the Board or in his absence, the Managing Director or in his absence, the Wholetime Director and where there is none, any Director other than an Interested Director, shall decide, before the draft Resolution is circulated to all the Directors, whether the approval of the Board for a particular business shall be obtained by means of a Resolution by circulation.
  • Where not less than one-third of the total number of Directors for the time being require the Resolution under circulation to be decided at a Meeting, the Chairman shall put the Resolution for consideration at a Meeting of the Board.
  • A Resolution proposed to be passed by circulation shall be sent in draft, together with the necessary papers, individually to all the Directors including Interested Directors on the same day.
  • The draft of the Resolution to be passed and thenecessary papers shall be circulated amongst the Directors by hand, or by speed post or by registered post or by courier, or by e-mail or by any other recognised electronic means.
  • Each business proposed to be passed by way of Resolution by circulation shall be explained by a note setting out the details of the proposal, relevant material facts that enable the Directors to understand the meaning, scope and implications of the proposal,  the nature of concern or interest, if any,  of any Director in the proposal, which the Director had earlier disclosed and the draft of the Resolution proposed. The note shall also indicate how a Director shall signify assent or dissent to the Resolution proposed and the date by which the Director shall respond.
  • The Resolution is passed when it is approved by a majority of the Directors entitled to vote on the Resolution, unless not less than one-third of the total number of Directors for the time being require
  • the Resolution under circulation to be decided at a Meeting.
  • The Resolution, if passed, shall be deemed to have been passed on the last date specified for signifying assent or dissent by the Directors or the date on which assent from more than two-third of the Directors has been received, whichever is earlier, and shall be effective from that date, if no other effective date is specified in such Resolution.
  • Resolutions passed by circulation shall be noted at the next Meeting of the Board and the text thereof with dissent or abstention, if any, shall be recorded in the Minutes of such Meeting.
  • Passing of Resolution by circulation shall be considered valid as if it had been passed at a duly convened Meeting of the Board.
  • Minutes shall be recorded in books maintained for that purpose.
  • A distinct Minutes Book shall be maintained for Meetings of the Board and each of its Committees.
  • Minutes may be maintained in electronic form in such manner as prescribed under the Act and as may be decided by the Board. Minutes in electronic form shall be maintained with Timestamp.
  • The pages of the Minutes Books shall be consecutively numbered.
  • Minutes shall not be pasted or attached to the Minutes Book, or tampered with in any manner.
  • Minutes of the Board Meetings, if maintained in loose-leaf form, shall be bound periodically depending on the size and volume and coinciding with one or more financial years of the company.
  • Minutes of the Board Meeting shall be kept at the Registered Office of the company or at such other place as may be approved by the Board.
  • Minutes shall state, at the beginning the serial number and type of the Meeting, name of the company, day, date, venue and time of commencement and conclusion of the Meeting.

DOWNLOAD SS 1 FOR BOARD MEETINGS

Download (PDF)

Download Company Law Form I: Appointment of sole selling agents by the company

Download Company Law Form I: Form No I used as a Form of application for approval of the Central Government for the appointment of sole selling agents by the company

How to e-file Form I of Company Law

 Enter the ‘Corporate Identity Number’ (CIN) of the company.

Enter following details for the company

  • Date as on which the share holding pattern of the applicant company is provided
  • Specify the percentage holding for the different categories given in the eForm.
  • Enter the total number of share holders of the company- in thousand.

In case the sole selling agent is a company then enters following details:

  • Date as on which the share holding pattern of the sole selling agent company is provided
  • Enter CIN of the sole selling agent.
  • Specify the percentage holding for the different categories given in the eForm.
  • Enter the total number of share holders of the company- in thousand.

Specify the existing selling arrangement of the company 

(i) In case the sole selling agent is a company enters the CIN of the company. 

  • You may find CIN by entering existing registration number or name of the company in the ‘Find CIN/GLN’ service at the MCA21 portal 

  • Click the “Pre-fill” button: System will automatically display the name and registered office address of the company. Please enter the complete address, if the address displayed is not complete. Enter the nature of organizations and principal business of the company

(ii)In case sole selling agent is a person or a firm: Enter the name, nature of organisations, address and principal business of the person or firm

(iiI) If sole selling agent is a partnership firm then enter name of partners with the percentage of profit sharing.

  • Enter following details in case the applicant company, its directors or relatives of the directors hold any share in the sole selling agent if sole selling agent is a company. Number of shares held and the percentage of share holding.
  • Specify the structure and size of organization of the sole selling agent which will be utilized for conducting sale of the company. In case sole selling agent is a company then also provides the CIN of the company.
  • Select whether this is reappointment of a sole selling agent or not. In case of reappointment, enter details for the previous appointment:

    (a) Rate of commission.

    (b) Terms and conditions for the appointment. Enter following details for which the sole selling agent is appointed:

  • (a) Geographical area

  • (b) Terms of commission payable to the sole selling agent

  • (c) Select whether the agreement is on principal –to-principal basis or not. In case of principal to principal basis enter the item/product wise rate of discount allowed.

  • (d) Specify the tenure of appointment.

 Enter the details for the amount of commission earned from the company and expenditure incurred by the sole selling agent for the last three years-if any. 

  • Enter following details for the resolution passed and eForm 23 filed for the appointment;
  • Service request number (SRN) and date of filing of eForm 23 with RoC. Date of passing of resolution.Note: In case the existing company does not have the service request number (SRN) of eForm 23, enter “Z99999999” as SRN of eForm 23 and attach the resolution passed for appointment of sole agent as an optional attachment
  • In case company has appointed any other sole selling agents for the same product in other areas, specify the terms of remuneration to those agents.
  • Specify extent of competition for the same product and company’s share in over all market for the same product in India during last three years and name of the important competitors. If required, user can give details as an optional attachment.

 Attachments

  • Copy of proposed agreement is compulsory to be attached.
  • Certificate from auditor of sole selling agents which certify the figure of expenditure.
  • Details for the interest, if any, of sole selling agent in the share of the company. (Refer format 1 below)
  • Copy of the particulars of directorship in the company held or controlled by the sole selling agent. (Refer format 2 below)
  • Particulars of inter-se relationship to other sole selling agent in other areas for same products of the company.
  • Break-up of sales in respect of each of the last three years (In respect of the product in which the sole selling agent under consideration has been appointed and for the territory for which he has been so appointed). (Refer format 3 below)
  • Foreign shareholding in the principal company and the sole selling agent and the profits remitted to the foreign countries on these shareholdings during the last three years (Refer format 4 below)
  • In case the sole selling agent is a partnership firm, detail of working partners, and details of capital invested in the partnership firm during the last three years and details of the profits earned by the partners during the last three years. (Refer format 5 below)
  • Any other information can be provided as an optional attachment

Declaration

Enter the date of board resolution authorising the signatory to sign and submit the application 

Digital signature

The eForm should be digitally signed by managing director or director or manager or secretary of the company duly authorised by the board of directors

Search Details of Company CIN, GLN, LLPIN using Company Name

Know, Check, Search, Find Details of Company CIN, GLN, LLPIN using Name of Company, ROC registration number etc. one can find the Company Corporate Identity Number (CIN) or Global Location Number (GLN) or Limited Liability Partnership Identification Number (LLPIN) for registration of new company, checking the Status of Company, change of name or searching any data based on CIN/GLN/LLPIN of the company from MCA/ROC website. Anyone can search or find CIN Number of company or LLPIN number of LLP based on ROC Registration number of such company, Search based on existing company/LLP name, Search based of Inactive CIN, Search based on Old Name of Company/LLP.

Search based on Existing Company/LLP Name: Search word or name which ends, Is, Starts with or contains anywhere.

Search Company CIN/GLN/LLPIN Check Company CIN based on name of company, Search ROC Address

Search based on ROC Registration Number can be done for following ROC’s

  • Name of ROC: STATE COVERED IN ROC
  • ROC HYDERABAD: ANDHRA PRADESH
  • ROC SHILLONG: ASSAM, MEGHALAYA, MANIPURA, TRIPURA, MIZORAM, NAGALAND & ARUNACHAL PRADESH
  • ROC PATNA: BIHAR & JHARKHAND
  • ROC RANCHI
  • ROC GOA: GOA, DAMAN & DIU
  • AOL (acting ROC cum OL) J&K: JAMMU AND KASHMIR
  • ROC ERNAKULAM: KERALA
  • ROC MUMBAI:  MUMBAI
  • ROC PUNE: PUNE, MAHARASHTRA
  • ROC PUDUCHERRY: PUDUCHERRY
  • ROC JAIPUR: RAJASTHAN
  • ROC KANPUR & NAINITAL: UTTAR PRADESH & UTTARAKHAND
  • ROC KALKATA: WEST BENGAL
  • ROC CHENNAI: CHENNAI
  • ROC COIMBATORE:  COIMBATORE, TAMILNADU
  • ROC CHANDIGARH and SHIMLA: PUNJAB, CHANDIGARH & HIMACHAL PRADESH
  • ROC CUTTACK: ORISSA
  • ROC GWALIOR CUM BILASPUR: MADHYA PRADESH & CHHATTISGARH
  • ROC BANGALORE: KARNATAKA
  • ROC AHMEDABAD: GUJARAT
  • ROC DELHI: DELHI & HARYANA

Download Company Law Form 23AAA : For Modification in Balance Sheet and Profit and Loss Account

Application to Central Government for modification in the matters to be stated in the company’s balance sheet or profit and loss account

How to e-file Form 23AA

  1. Enter the ‘Corporate Identity Number’ (CIN) of the companyYou may find CIN by entering your existing registration number in the Find CIN/GLN service at the portal. www.mca.gov.in and Find Details of Company CIN, GLN, LLPIN using Name of Company, ROC registration number etc.
  2. Click the “Pre-fill” buttonSystem will automatically display the name and registered office address of the company.Turnover of the company should be as per latest audited balance sheet
  3. Enter the start date and end date of the period for which exemption is required.
  4. Note: Company other than Hotel Company can claim exemption only for one financial year
  5. Hotel Company can claim exemption for maximum three financial years
  6. Mention the paragraphs number of Part II of schedule VI from which exemption is required
  7. If ‘Yes’ is selected i.e. in case company is producing or supplying defense equipments then specify details about the recommendation of the Ministry of Defence or the concerned Defence department confirming that all the products manufactured by the company are for defense purpose and disclosures of the quantitative details in the published accounts would not be in national interest. (This field is applicable for the company producing or supplying defense equipments.)
  8.  Enter the reasons if the company is not maintaining proper books of account
  9. Attachment:Any other information can be provided as an optional attachment.
  10. Declarations: Enter the date of board resolution authorizing the signatory to sign and submit the application.
  11. Signature: The eform should be digitally signed by managing director or director or manager or secretary of the company duly authorised by the board

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Download Company Law Form FTE: Application for striking off the name of company under the Fast Track Exit (FTE) Mode

Download Company Law Form FTE: Form No FTE used as an Application for striking off the name of company under the Fast Track Exit (FTE) Mode

How to e-file Form FTE

1.Enter the Corporate Identity Number (CIN) of the company

You may find CIN by entering existing registration number or name of the company in the ‘Find CIN/GLN’ service at the MCA21 portal and Find Details of Company CIN, GLN, LLPIN using Name of Company, ROC registration number etc.

2. Click the “Pre-fill” button.

  • System will automatically display the name, address of the registered office of the company, email id and date of incorporation of the company. In case there is any change in the email ID, enter the new valid email ID.
  • Enter the number of director(s), Managing Director, manager, secretary of the company as on the date of filing the Form. Based on the number entered here, number of blocks shall be displayed for entering the details. Details of maximum of 12 persons can be provided in the eForm. In case number entered is greater than 12, then only 12 blocks shall be displayed.
  • It shall be validated that in case there are one or more active signatories existing in the system for the company, then details of all such signatories should be entered.

In case of Director/ Managing Director (Where DIN is available)

  • Enter DIN: Status of DIN should be approved
  • Ensure that the DIN entered is correct and then click the “Pre-fill” button. System will automatically display the name and present residential address of the person. Verify that the details displayed are correct. In case there is any change in the present residential address, enter the new address. Select the designation of the person.

In case of Director/ Managing Director (Where DIN is not available) and in case of manager, secretaryEnter income-tax PAN or Passport Number in case of Director/Managing Director. In case of Manager or secretary, only Income-tax PAN can be entered. Enter the name, designation and present residential address of the person.

4. Select whether the application is being digitally signed by Managing Director, director, manager or secretary of the company. In case of No, copy of physical application duly signed by the director, Managing Director, manager or secretary is mandatory to attach. It shall be validated that ‘No’ cannot be selected in case there are one or more active signatories existing in the system for the company.

5. Enter the details of assets and liabilities as given in the statement of accounts (As per annexure C of the Guidelines). Field for Secured loans and Public deposits shall be automatically displayed as zero by the system.

Attachments For Dissolution of Company through Fast Track Exit

  • A duly certified statement of account by a chartered accountant in whole-time practice or statutory auditor of the company (As per annexure C of the Guidelines) (Mandatory)
  • Copy of Board resolution showing authorisation given for filing this application (Mandatory)
  • Affidavit (to be given individually by director(s)) (As per annexure A of the Guidelines) (Mandatory)
  • Indemnity bond (to be given individually or collectively by director(s) (As per annexure B of the Guidelines) (Mandatory)
  • In case application is not digitally signed by the company representative, physical copy of application duly signed by the director, Managing Director, manager or secretary authorised by the Board of Directors (Mandatory in case ‘No’ selected in field 10)
  • Copy of no objection certificate (NOC) from concerned administrative Ministry/
  • Department/ State Government (Mandatory in case of a Government company)
  • Any other information can be provided as an optional attachment

Verification

In case ‘Yes’ is selected in field 10, it is mandatory to enter the serial number and date of board resolution authorising the signatory to sign and submit the eForm.

Signature

In case ‘Yes’ is selected in field 10, eForm should be digitally signed by the following: Managing director or director or manager or secretary of the company authorised by the board of directors.

Designation

  • In case ‘Yes’ is selected in field 10-
  • Select the designation of the person digitally signing the eForm.
  • Enter the DIN in case the person digitally signing the eForm is a director.
  • Enter income-tax PAN in case the person signing the eForm is a manager
  • Enter membership number or income-tax PAN in case the person digitally signing the eForm is a secretary.

Certification

  • The eForm should be certified by a chartered accountant (in whole-time practice) or cost accountant (in whole-time practice) or company secretary (in whole-time practice) by digitally signing the eForm.
  • Select the relevant category of the professional and whether he/ she is an associate or fellow.
  • In case the professional is a chartered accountant (in whole-time practice) or cost accountant (in whole-time practice), enter the membership number. In case the practicing professional is a company secretary (in whole-time practice), enter the certificate of practice number.

Download Application for striking off the name of company under the Fast Track Exit(FTE) Mode

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Download Company Law Form EES: Application for striking off the name of company under the Easy Exit Scheme

Download Company Law Form EES: Form No EES used as an Application for striking off the name of company under the Easy Exit Scheme (EES), 2010

How to e-file Form EES Form

1. Enter the Corporate Identity Number (CIN) of the company

You may find CIN by entering existing registration number or name of the company in the ‘Find CIN/GLN’ service at the MCA21 portal and Find Details of Company CIN, GLN, LLPIN using Name of Company, ROC registration number etc.

2. Click the “Pre-fill” button.

  • System will automatically display the name, address of the registered office of the company, email id and date of incorporation of the company. In case there is any change in the email ID, enter the new valid email ID.
  • Enter the number of director(s), Managing Director, manager, secretary of the company as on the date of filing the Form. Based on the number entered here, number of blocks shall be displayed for entering the details. Details of maximum of 12 persons can be provided in the eForm.
  • In case number entered is greater than 12, then only 12 blocks shall be displayed.
  • It shall be validated that in case there are one or more active signatories existing in the system for the company, then details of all such signatories should be entered.
  •  In case of Director/ Managing Director (Where DIN is available)
  • Enter DIN: Status of DIN should be approved
  • Ensure that the DIN entered is correct and then click the “Pre-fill” button. System will automatically display the name and present residential address of the person. Verify that the details displayed are correct. In case there is any change in the present residential address, enter the new address.

3.Select the designation of the person.

  • In case of Director/ Managing Director (Where DIN is not available) and in case of manager, secretary
  • Enter income-tax PAN or Passport Number in case of Director/Managing Director. In case of
  • Manager or secretary, only Income-tax PAN can be entered.
  • Enter the name, designation and present residential address of the person.

 

4. Select whether the application is being digitally signed by Managing Director, director, manager or secretary of the company. In case of No, copy of physical application duly signed by the director, Managing Director, manager or secretary is mandatory to attach. It shall be validated that ‘No’ cannot be selected in case there are one or more active signatories existing in the system for the company.

5.Enter the details of assets and liabilities as given in the statement of accounts (As per annexure C of the Easy Exit Scheme, 2010). Field for Secured loans and Public deposits shall be automatically displayed as zero by the system.

Attachment for Form EES

  • A duly certified statement of account by a chartered accountant in whole-time practice or statutory auditor of the company (As per annexure C of the Scheme) (Mandatory)
  • Copy of Board resolution showing authorisation given for filing this application (Mandatory)
  • Affidavit (to be given individually by director(s)) (As per annexure A of the Scheme) (Mandatory)
  • Indemnity bond (to be given individually or collectively by director(s) (As per annexure B of the Scheme) (Mandatory)
  • In case application is not digitally signed by the company representative, physical copy of application duly signed by the director, Managing Director, manager or secretary authorised by the Board of Directors (Mandatory in case ‘No’ selected in field 10)
  • Copy of no objection certificate (NOC) from concerned administrative Ministry/ Department/ State Government (Mandatory in case of a Government company)
  • Any other information can be provided as an optional attachment

Verification:  In case ‘Yes’ is selected in field 10, it is mandatory to enter the serial number and date of board resolution authorising the signatory to sign and submit the eForm.

Signature In case ‘Yes’ is selected in field 10, eForm should be digitally signed by the following: Managing director or director or manager or secretary of the company authorised by the board of directors.

Designation:  In case ‘Yes’ is selected in field 10-

  • Select the designation of the person digitally signing the eForm.
  • Enter the DIN in case the person digitally signing the eForm is a director.
  • Enter income-tax PAN in case the person signing the eForm is a manager
  • Enter membership number or income-tax PAN in case the person digitally signing the eForm is a secretary.

Certification of Form EES

  •  The eForm should be certified by a chartered accountant (in whole-time practice) or cost accountant (in whole-time practice) or company secretary (in whole-time practice) by digitally signing the eForm.
  • Select the relevant category of the professional and whether he/ she are an associate or fellow.
  • In case the professional is a chartered accountant (in whole-time practice) or cost accountant (in whole-time practice), enter the membership number. In case the practicing professional is a company secretary (in whole-time practice), enter the certificate of practice number.

Download Application for striking off the name of company under the Easy Exit Scheme (EES), 2011

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Download Company Law Form CLSS : For issue of immunity certificate Jammu & Kashmir 2012

Application for issue of immunity certificate under the Company Law Settlement Scheme, (Jammu & Kashmir) 2012

How to e-file Form CLSS

  1. Enter the Corporate Identity Number (CIN) or Foreign company registration number (FCRN) of the companyYou may find CIN/ FCRN by entering existing registration number or name of the company in the ‘Find CIN/GLN’ service at the MCA21 portal and Find Details of Company CIN, GLN, LLPIN using Name of Company, ROC registration number etc.Click the “Pre-fill” button. 
  2. System will automatically display the name, registered office address, date of incorporation (in case of Indian company) or name, address of and date of establishment of principal place of business in India (in case of foreign company) and email ID of the company. In case there is any change in the email ID, enter the new valid email ID. 
  3. Click the “Pre-fill” button Upon clicking the button, system will automatically display the details of documents filed by the company under CLSS 2010 (i.e. with waiver in additional fees.) and total number of such SRNs. 

Attachments

  • Proof of withdrawal of any appeal(s) against any notice issued or complaint filed before the competent court (Mandatory if ‘Yes’ selected in field 4)
  • Details in respect of prosecution(s) pending against the company and its officers in respect of belated documents filed under the scheme which requires withdrawal by the Registrar (Mandatory if ‘Yes’ selected in field 5)
  • Details of director(s) declared as proclaimed offender or facing criminal case(s) for economic offences (Mandatory if ‘Yes’ selected in field 6)
  • Any other information can be provided as an optional attachment

Verification I

Enter the serial number and date of board resolution authorising the signatory to sign and submit the eForm. This is not required to be entered in case of filing by a foreign company.

 Signature

The eForm should be digitally signed by following-

  • In case of an Indian company
  • Managing director or director or manager or secretary of the company authorised by the board of directors of Indian company
  • In case of an foreign company
  • By an authorised representative.

Designation

Select the designation of the person digitally signing the eForm.

Enter the DIN in case the person digitally signing the eForm is a director or managing director

Enter income-tax PAN in case the person signing the eForm is a manager or authorised representative.

Enter membership number or income-tax PAN in case the person digitally signing the eForm is a secretary.

 

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