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Anil Kr. Bhardwaj Director Ministry of Corporate Affairs Government of India

E-forms under the Companies Act,2013. Anil Kr. Bhardwaj Director Ministry of Corporate Affairs Government of India. 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.

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Anil Kr. Bhardwaj Director Ministry of Corporate Affairs Government of India

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  1. E-forms under the Companies Act,2013 Anil Kr. Bhardwaj Director Ministry of Corporate Affairs Government of India

  2. 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.

  3. New Functions • New Functions:- • Appeal function for Regional Director • Summary Liquidation proceedings by Central Govt. • Adjudication of penalties by ROC

  4. 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

  5. E-forms Pre-certification of forms only for companies other than OPC and Small companies.; OPCs and Small companies Are exempted from pre-certification; Only One time ReSub/ PUCL with 15 days period for stakeholder to respond; Resolutions passed by the board are required to be filed by company; Reduced rate of fees for OPCs and small companies;

  6. Title of forms

  7. Title of forms

  8. Old forms

  9. Forms under Act, 1956

  10. General forms

  11. New forms

  12. New forms

  13. New forms

  14. New forms

  15. General forms

  16. forms being converted into e-forms

  17. Pre-certification of Forms RDs/ROCs have been instructed to institute inquiry against the professional carrying out wrong certification of e-forms vide general circular no 10 of 2014; Instances filing misleading information, omission of material fact or incomplete information is covered under the circular; Provisions of section 447 and 448 of the Act is applicable for wrong certification; Professional will be barred from filing document on MCA portal besides action by MCA and Institutes.

  18. Progress on cases of wrong certification Ministry has forwarded 26 cases of wrong certification to the Institute comprising of wrong certification, name lending enabling companies to comply with section 383A read with section 215, certification without any record or cases of fraud by pasting DSC of other person.

  19. THANK YOUMCA21 -A GREEN PROJECTSAVES 100 MILLION PAGES EACH YEAR! anil.b@gov.in

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