Category: Company Law

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

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, 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 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

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

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.

 

Download Company Law Form CLSS: Form No CLSS used as an Application for grant of immunity certificate under CLSS 2011

How to e-file Form CLSS

•  Enter the Corporate Identity Number (CIN) or Foreign company registration number
• (FCRN) of the company

• You 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:  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. 

Click the “Pre-fill” button : Upon clicking the button, system will automatically display the details of documents filed by the company under CLSS 2011 (i.e. with waiver in additional fees.) and total number of such SRNs.

 Attachments with CLSS Form 2011

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

Download Application for grant of immunity certificate under CLSS 2011

Application for grant of immunity certificate under CLSS 2010

Download Company Law Form EES 

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 of company law

1. Instructions are not provided for the fields which are self explanatory

2. If the space within any of the fields is not sufficient to provide all the information, then additional details can be provided as an optional attachment to the eForm. 

Please note the following:

1. This Form can be filed only by an Active company.
2. This Form can be filed only during the period of Easy Exit Scheme, 2010 (that is 30.05.2010 to 31.08.2010)
3. Filing of any other eForm shall not be allowed by a company for which work item of eForm EES is pending.
4. Upon approval of this Form, status of the company shall be changed to ‘Struck off’ from the register of companies.
5. Refer General Circular no.2/2010 dated 26th May, 2010 in respect of Easy Exit Scheme,
6. 2010 available on the MCA portal under the head ‘Circulars’ of main head ‘Acts, Bills & Rules’

 Date of Board Resolution Enter the date on which Board has resolved to make an application for striking the name of company off the Register.

1.  (a) to Enter the Corporate Identity Number (CIN) of the company (f) o You may find CIN by entering existing registration number or name of the company in the ‘Find CIN/GLN’ service at the MCA21 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” 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.
3. 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
4. eForm. In case number entered is greater than 12, then only 12 blocks shall be displayed.
5. 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.
6. In case of Director/ Managing Director (Where DIN is available)
7. Enter DIN. Status of DIN should be approved
8. 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.
9. Select the designation of the person.
10. In case of Director/ Managing Director (Where DIN is not available) and in case of manager, secretary
11. 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.
12. Enter the name, designation and present residential address of the person.
13. 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.
14. It shall be validated that ‘No’ can not be selected in case there are one or more active signatories existing in the system for the company.
15.  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

.Attachments

•  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 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 Company Law Form61: Form No 61 used as a Form for filing an application with Registrar of Companies for correction of any default or reply to notice of ROC or Filing Application Suo moto with ROC for rectification of any mistake.

How to e-file Form 61 of Company Law

Select the category of the applicant out of company, foreign company under section 591 and others. Category as ‘Foreign Company under section 591’ can be selected only in case purpose of the application is Compounding of offences or others Category as ‘Others’ can be selected only for Compounding of offences or for withdrawal of approved application for name availability.

In case of an Indian company, enter the ‘Corporate Identity Number’ (CIN) and In case of a foreign company, enter the ‘Foreign Company Registration Number (FCRN)’.You 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. SRN of eForm 1A can be entered only in case category of applicant is ‘Others’.

Click the “Pre-fill” button: System will automatically display the name, registered office address (in case of Indian company) or name and address 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. In case of SRN of eForm 1A, approved name of the company shall be displayed.

In case category of the applicant is ‘Others’, enter the name, address and e-mail ID of applicant. Select the purpose of the application. In case category of applicant is Foreign company u/s 591’ or ‘Others’, only Compounding of offences or others can be selected. Note: For making application u/s 25(8), ‘Others’ option needs to be selected. Payment for the same should be done through ‘Pay Miscellaneous Fee’ option on the Ministry website 

In case the application is for Normalising a Dormant company:

• Those companies which have not filed both annual returns and balance sheets for the financial years 2006-07, 2007-08, 2008-09 (i.e. has not done any of the six required filings) then these are treated as Dormant Companies.
• A dormant company desirous to regularise its filing can apply for normalising by selecting the option for ‘Normalising a dormant company’. After approval of the application, the company shall be provided 21 days to file all the annual return and balance sheets for the required financial years.
• In case all the required filings are done within 21 days, then the status of the company shall be changed to ‘Active’. However, in case, all the required filings are not done within 21 days, status of the company shall be changed back to ‘Dormant’.
• Please note that Form 61 for normalising a company should not be filed by a dormant company which is desirous of getting struck off under Easy Exit Scheme (EES), 2011. Such company should file Form EES, 2011 only. In case any charges are pending, such company is also allowed to file Form 17 for satisfaction of the same.
• Form 61 for normalising a company should be filed by only those dormant companies which are desirous of getting back to Active status by filing the due annual returns and balance sheets

Enter the details of application. In case of application for compounding of offences, also mention the facts of the case mentioning nature of offence and period of default.  Fields 9 is applicable if the application is filed for “Compounding of Offences”.

The application can be filed for Company, Director or Manager/Secretary or Others. Enter number of person(s) and their details excluding Company. Details of only 8 persons can be entered in the form. If number of persons is greater than 8, then additional details can be provided in optional attachment. Select the category. In case the category is Director, enter an approved DIN. In case category is Manager/Secretary, enter Income-tax PAN. In case category is others, enter either income-tax PAN or passport number. In case of passport number, prefix the number with zero(s) (0) to make it a 12 digit number. Example: 0000E1234567. 

• Enter the details of section violated. Also provide details of the section under which default is punishable along with the details of applicable penalty.

• Enter the details as to how the default has been made good indicating the date on which the default has been made good, wherever applicable.

 In case of application under section 166(1) or 210(4), mention financial year end date in respect of which the application is being filed. Ensure that you enter the correct date as the extension by the concerned office shall be based on this date.

Enter total number of stamp duty payment(s) for which details are to be entered. Based on the number entered here, number of blocks shall be displayed for entering the details. Details of maximum eight stamp duty payments can be entered in the eForm.

Enter the details of stamp duty paid under the relevant Stamp Act. This shall be mandatory in case of ‘Compounding of offences’ or ‘Declaring a defunct company under section 560’.

• Select the state or union territory in respect of which stamp duty is paid. In case category of applicant is ‘Company’, State(s) selected shall be same as state in which registered office of the company is situated.
• Enter the total amount of stamps or stamp paper. In case where payment of stamp duty is not applicable, zero may be entered.
• Enter the particulars of instrument(s) on which stamp duty is paid.
• Select the mode of payment of stamp duty; and enter the name of vendor, serial number of stamps, and registration number of vendor, date and place of purchase of stamps.
• Name of vendor shall be mandatory to enter in case amount of stamp duty is greater than or equal to Rs.50/-. Registration number of vendor shall be mandatory to enter in case amount of stamp duty is greater than or equal to Rs. 50/- and mode of payment is Manual.
• Place of purchase of stamps or stamp paper shall be mandatory to enter in case mode of payment of stamp duty is ‘Manual’

 Attachments

• Board resolution passed for the purpose of making an application for any of the documents as applicable
• Scheme of arrangement, amalgamation,
• Extension of financial year,
• Extension of period of annual general meeting
• Power of attorney for memorandum of appearance as per Form 5 of Company Law Board
• Regulations, 1991 if the application is filed for compounding of offense
• Affidavit verifying the content of application if the application is filed for compounding of offense
• Copy of notice received from RoC or any other competent authority if the application for compounding of offence is filed in pursuance to notice received from RoC or any other competent authority
• Scheme of arrangement, amalgamation if application is filed for amalgamation
• Copy of petition mentioning the date of service of petition if the application is filed for amalgamation
• Nil Balance sheets if the application is filed for declaring as a defunct company
• Indemnity bond if the application is filed for declaring as a defunct company
• Affidavit verifying the content of the application if the application is filed for declaring as a
• Defunct company
• Detailed application is required to be attached in all the cases of filing
• Any other information can be provided as an optional attachment

• In case of compounding of offence, the detailed application should contain the following details:
• The detailed application will be as per Company Law Board Regulations, 1991
• General profile and history of the company containing details such as name, date of incorporation, main objects of the company

Facts of the case mentioning nature of offence and period of default

• Whether the offence is made good, if yes then how and when (i.e. the date where applicable)
• Prayer to compounding authority for compounding of offense.

In case of extension of annual general meeting, the detailed application should contain the following details:

• Reasons of extension
• Period for which extension is required (Note: It should not exceed three months)

In case of extension of financial year, the detailed application should contain the following details:

• Reasons for extension of financial year
• Period for which extension is required (Note: It should not exceed three months)

Verification: In case of Indian Company, select the first check box and enter the serial number and date of board resolution authorising the signatory to sign and submit the application.  In case of foreign company, select the second check box.

Digital Signatures

• In case category of applicant is Company, the eForm should be digitally signed by managing director or director or manager or secretary of the Indian company duly authorized by the board of directors. OR
• In case category of applicant is Foreign Company u/s 591, the eForm should be digitally signed by the authorised representative. OR
• In case category of applicant is Others, if the application is filed for compounding of offense by an individual who does not have a digital signature, the eForm can be digitally signed by a chartered accountant or cost accountant or company secretary (in whole-time practice) authorized by the board of directors.

Designation

• 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 or others
• Enter membership number or income-tax PAN in case the person digitally signing the eForm is a secretary
• In case the person signing the eForm is a chartered accountant or cost accountant or company secretary (in whole-time practice); 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.

Form for filing an application with Registrar of Companies

Application for approval of the Central Government for change of name or conversion of a public company into a private company. Form No 1B used as an Application for approval of the Central Government for change of name or conversion of a public company into a private company

How to e-file Form 1B 

In case of Change of Name

1. Enter ‘Corporate Identity Number’ (CIN) of the company You 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. Enter the service request number of eForm 1A (obtained before filing this application)Note: Before filing an application in eForm 1B for approval of change of name of the company, the company is required to obtain approval of name availability by filing eForm 1A
3. Click the “Pre-fill” buttonSystem will automatically display the name, registered office address, email ID and proposed name of the company. In case there is any change in the email ID, enter the new valid email ID.
4.  Enter particulars of eForm 23 filed for registration of resolution. Ensure that alteredMemorandum and articles of association is filed as an attachment to eForm 23, as applicable.
5.  In case of companies incorporated in MCA21 system, system will automatically display the name of the company at the time of incorporation. In all other cases, this will have to be entered. Ensure that the name entered is correct as the same shall be displayed in the certificate to be issued by the RoC office.
6.  Enter the details of number of members and number of shares held by them. In case of companies not having share capital, zero may be entered as number of shares held. 

Attachments

• Copy of minutes of the meeting of members where resolution has been passed is to be enclosed
• Copy of any approval order obtained from the concerned authorities (such as, RBI,
• IRDA, SEBI etc.) Or the concerned department
• If change of name is due to change in main activity of the company, a certificate from chartered accountant regarding turnover details from new activity should be enclosed
• Copy of any previous approval order taken for change of name of the company
• Any other information can be provided as an optional attachment.

Verification

 Select the first option

Enter the serial number and date of board resolution authorising the signatory to sign & submit the eForm.

Digital Signature

To be digitally signed by the managing director or director or manager or secretary of the company authorised by the board of directors. 

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

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

 In case of Conversion of a Public company into a Private company

1. Enter ‘Corporate Identity Number’ (CIN) of the company You may find CIN by entering your existing registration number in the Find CIN/GLN service at the portal. www.mca.gov.in
2.  Click the “Pre-fill” button System will automatically display the name, registered office address, email ID and proposed name of the company. In case there is any change in the email ID, enter the new valid email ID.
3.  Enter particulars of eForm 23 filed for registration of resolution. Ensure that altered  Memorandum and articles of association is filed as an attachment to eForm 23, as applicable.
4.  In case of companies incorporated in MCA21 system, system will automatically display the name of the company at the time of incorporation. In all other cases, this will have to be entered. Ensure that the name entered is correct as the same shall be displayed in the certificate to be issued by the RoC office.
5. Enter the details of number of members and number of shares held by them. In case of companies not having share capital, zero may be entered as number of shares held. 

Attachments

• Copy of minutes of the meeting of members where resolution has been passed has to be enclosed
• Copy of any approval order obtained from the concerned authorities (such as, RBI,
• IRDA SEBI etc.) Or the concerned department
• Certified copy of the order for condonation of delay will be mandatory to attach if the form is being filed after the due date of filing.
• Any other information can be provided as an optional attachment

Verification

Select the second option.Enter the serial number and date of board resolution authorising the signatory to sign and submit the application. 

Digital Signature

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

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

Form for filing application for opening branch(s) by a nidhi company

Download Company Law Form 64: Form No 64 used as a Form for filing application for opening branch(s) by a nidhi company

How to e-file Form 64

1. Enter ‘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 and registered office address of the company.
3.  System will automatically display the date on which the company has been notified as Nidhi Company under section 620A of the Companies Act, 1956
4.  In case any director is disqualified under section 274 enter the details for those director(s).
5.  Enter the details of the proposed branch(s). The details for a maximum of five branches can be provided. If there are more than five branches provide details for those in the attachments. 

Attachments    

Attach the resolution

• Copy of the resolution is a mandatory attachment.
• Details of remuneration paid to directors for last three years- if any.
• Cash or fund flow projection for next three years.

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 eForm.

 Signatures

 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.