Pratik Mewada & Co. Practicing Company Secretaries

MCA Extend date for Form AOC 4, AOC 4XBRL, AOC 4 CFS: 30.11.2019 & For Form MGT 7: 31.12.2019, For annual filing of Companies for F.Y. 2018-19.

*MCA Update*
*Director KYC* -
_Director (appointment & qualification) 3rd Amendment Rules, 2019_

*_DIR KYC due date will be 30th September_*

*Late Fee - INR 5,000/-*

*1.* _If all details of Director are same as on MCA portalas per last DIR-3KYC_, then *web-based KYC* verification.

*2.* In other cases *e-form DIR-3 KYC based* verification.

*Weblink:-* http://www.mca.gov.in/Ministry/pdf/ThirdAmendRules_25072019.pdf

http://www.mca.gov.in/Ministry/pdf/FourthAmedRules_25072019.pdf

www.mca.gov.in

*I. Regarding Filing of Form DPT 3:*

As per MCA (Ministry of Corporate Affairs) Notification dated 22nd January, 2019.

"Every company other than Government company shall file a onetime return of outstanding receipt of money or loan by a company other than deposit from the 01st April, 2014 to the date of publication of this notification i.e. 22nd January, 2019, as specified in Form DPT-3 within ninety days (i.e. before 22nd April, 2019) from the date of said publication of this notification along with fee as provided in the Companies (Registration Offices and Fees) Rules, 2014.

Form DPT-3 shall be used for filing return of deposit or particulars of transaction not considered as deposit or both by every company other than Government company by 30th June every year for the submission of record as on as on 31st March of that year along with auditors’ certificate.

Form DPT 3 is yet to be deployed on MCA Site.

*II. Regarding Filing of Form MSME 1:*

As per MCA (Ministry of Corporate Affairs) Notification dated 22nd January, 2019.

"all companies, who get supplies of goods or services from micro and small enterprises and whose payments to micro and small enterprise suppliers exceed forty five days from the date of acceptance or the date of deemed acceptance of the goods or services submit a half yearly return to the Ministry of Corporate Affairs stating the following:

a. the amount of payment due; and

b. the reasons of the delay;

1. Initial return(one time) to be filed with ROC:

a. Outstanding dues to MSE as on 22.01.2019 -- With in 30 days of deployment of Form.

2. Half Yearly return (MSME Form 1) is to be filed with ROC as follow:

a. For the Period of April to September-- Filing date is 31st October.

b. For the Period of October to March -- Filing date is 30th April.

3. Following Companies have to file the return with ROC:

a. All the Companies Who get Supplies of Goods and Services from Micro and Small Enterprises and Whose Payment to micro and Small enterprises exceed 45 days from the date of acceptance/deemed acceptance.

4. Following Companies not required to file the return with ROC:

a. All the Companies Who do not get Supplies of Goods and Services from Micro and Small Enterprises or Whose Payment to micro and Small enterprises does not exceed 45 days from the date of acceptance/deemed acceptance.

Form MSME 1 is yet to be deployed on MCA Site.

*III. Regarding Filing of Form DIR 3 KYC:*

As per the requirement, every director who is having DIN in “Approved” status has to mandatory file this form with MCA on or before April 30, 2019.

ROC Fees: - If DIR-3 KYC is filed before due date i.e April 30, 2019, then there will be no fee to be paid to MCA. However, penalty of Rs. 5,000/- has to be paid to MCA if there is delay in filing of the said form.

Please note that, before submission of this form, OTP will be generated on given mobile number and Email Id of the respective director. so please provide us mobile number and email id of the director accordingly.

Further, if any director fails to submit the form DIR-3 KYC, then ROC will deactivate the DIN. And DIN shall be re-activated only after submission of form DIR-3 KYC with the penalty of Rs. 5000/-.

Additionally, every director is required to submit this form annually on or before April 30, of immediate next financial year.

*IV. Regarding Filing of Form INC 22A:*

Please note that as per Ministry of Corporate Affairs (MCA) notification dated 21st February, 2019 Every Company which were incorporated on or before 31st December, 2017 required to file eForm ACTIVE (Active Company Tagging Identities and Verification) on or before 25th April, 2019.

This notification shall be effective with effect from 25th February, 2019.

Which companies do not require to file this Form?:

1. All companies which are incorporated on or after 01st April, 2018

2. Companies which are striking off or under liquidation or amalgamated or dissolved, as recorded with ROC.

Restriction on filing other forms:

With effect from 25th February, 2019 till the filing of Form eACTIVE, no company will be able to file following eForms with ROC

1. Form SH-7 (Change in Authorised Capital)

2. Form PAS-3 (Change in Paid-up Capital)

3. Form DIR-12 (Changes in Director except cessation)

4. Form INC-22 (Change in Registered Office)

5. Form INC-28 (for Amalgamation, de-merger)

Fees for filing eForm ACTIVE:

No Fees has been mentioned in the Notification.

Consequences of non-filing on or before 25th April, 2019:

1. Company shall be marked as "ACTIVE non-compliant" on or after 26th April, 2019.

2. Company will be liable for action under Section 12(9) of Companies Act, 2013.

Section 12(9) of Companies Act, 2013 says that If the Registrar has reasonable cause to believe that the company is not carrying on any business or operations, he may cause a physical verification of the registered office of the company in such manner as may be prescribed and if any default is found to be made in complying with the requirements of sub-section (1), he may without prejudice to the provisions of sub-section (8), initiate action for the removal of the name of the company from the register of companies under Chapter XVIII.

Filing of eForm ACTIVE after 25th April, 2019:

1. If Form is filed after 25th April, 2019, Form Fees of Rs 10,000 is to be paid

2. Status will be changed to "ACTIVE compliant"

Regards,
CS Pratik Mewada

DIR 3 KYC due date extended.

On May 30, 2018 MCA removes/ strikes off 1171 LLPs from the Register of LLPs. MCA mentions that Registrar has reasonable cause for LLP not carrying on any business or operation for 2 immediate preceding financial years and have failed to file their financial statement (Form -8) and Annual Return (Form – 11) for FY 2015-16 and 2016-17 to take suo- moto action for striking off the name of these LLPs.

MCA further highlights that incase any person has objection to the proposed removal of name of the LLPs can send his/ her objection within one month of the date of publication.

Link of the list of LLPs removed from Register of LLP

www.mca.gov.in