MCA amends Due date for filing DIR-3KYC

 
Due date for filing DIR-3KYC [Companies (Appointment and Qualification of Directors) Amendment Rules, 2019]
 
MCA has issued Companies (Appointment and Qualification of Directors) Amendment Rules, 2019 on 30.04.2019. By this amendment the Ministry has changed the due date from ’30th, April of immediate next financial year’ to ’30th June of immediate next financial year’.
 
So every individual having or obtained the DIN on or before 31st March has to file DIR-3 KYC on or before 30th June of immediate next Financial Year. By this amendment Directors or individual having DIN are getting 3 months time instead of 30 days time to file KYC.
 
G.S.R.339(E). — In exercise of the powers conferred by the second proviso to sub-section (1), sub-section (4), clause (I) of sub-section (6) of section 149, sub-sections (3) and (4) of section 150, section 151, sub-section (5) of section 152, section 153, section 154, section 157, section 160, sub-section (1) of section 168 and section 170 read with section 469 of the Companies Act, 2013(18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Appointment and Qualification of Directors) Rules, 2014, namely: —
 
1. (1) These rules may be called the Companies (Appointment and Qualification of Directors) Amendment Rules, 2019.
 
(2) They shall come into force on the date of their publication in the Official Gazette.
 
2. In the Companies (Appointment and Qualification of Directors) Rules, 2014, in rule 12A, for the words and figures “on or before 30th April of immediate next financial year”, the words and figures “on or before 30th June of immediate next financial year” shall be substituted.
 

MCA releases Revised version of eForm INC-35 -AGILE

Revised version of the eForm INC-35 -AGILE (Application for Goods and services tax Identification number, employees state Insurance corporation registration plus Employees provident fund organisation registration) which is filed as linked form with SPICe for incorporation of a Company is available on MCA21 Company Forms Download page. The revised form contains fields relevant to EPFO notified vide the Companies (Incorporation) third Amendment Rules, 2019 dated 29th March 2019. Stakeholders may take note and refer ‘e-Form INC-35 (AGILE)- All about filing with ROC’ for more details.
 

Filing of affidavits not required with form INC-9

Stakeholders are requested to please note that Filing of affidavits (from each of the subscribers to the memorandum and from persons named as the first directors, if any, in the articles that he is not convicted of any offence in connection with the promotion, formation or management of any company, or that he has not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law during the preceding five years and that all the documents filed with the Registrar for registration of the company contain information that is correct and complete and true to the best of his knowledge and belief) as per Section 7(1)(c) of the Companies Act, 2013 read with rule 15 of the Companies (Incorporation) Third Amendment Rules, 2018 has been dispensed with vide the Companies (Amendment) Act, 2017– from 27th July 2018. Only declaration by first subscriber(s) and director(s) in INC-9 is mandatory and affidavit is NOT required to be filed. Stakeholders may kindly note the above provisions while filing SPICe forms for incorporation of Companies.
 

Ensure filing the Form INC 22A on or before 25.04.2019
 

As you all are aware, the Ministry of Corporate Affairs has issued Companies (Incorporation) Amendment Rules, 2019 and Companies (Registration offices and Fees) Amendment Rules, 2019 which have come into force from 25.02.19. As per the revised Rules, Companies not flouting the applicable provisions of maintenance of Registered office, appointment of Statutory Auditor(s) /Cost Auditor(s), Key Managerial Personnel, Company Secretary will have the status as ‘ACTIVE-Non-Compliant’.
 
To ensure Compliance, every company incorporated on or before 31.12.17 is required to file the e-form INC-22A-Active Company Tagging Identities and Verification (ACTIVE).
 
• Applicable to all the companies incorporated on or before 31.12.17.
• Annual filing should be completed before filing the E-form.
• Non-filing of the E-forms within due date will disable filing of form SH-7, PAS-3, DIR-12 (except for cessation), INC-22 and INC-28.
• The E-form is to be filed on or before 25.04.19, otherwise a penalty of INR 10,000 is imposed.
• Photograph in PDF format, of the registered office showing outside and inside office, latitude and longitude along with Director/KMP who is attesting the Form shall serve as the attachment for the E-Form.
• Companies in the process of Amalgamating/liquidating/strike off or liquidated or struck off are exempted to file the E-Form INC 22A.