Sagar Shrivastava & Associates

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15/08/2021

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09/12/2019

Dear Professionals,

This post is for the awareness purpose:

As the e-form AOC-4 is STP (straight through process). Once we file the form automatically it get approve. However, ROC has initiate checking of AOC-4 this financial year and sending e-form for resubmission with following queries e.g.
1. Non holding of AGM with in due date.
2. If attached documents are SD instead of actual signing.
3. If Directors report are not attached with proper annexures. etc

05/11/2019

https://mcacms.gov.in/ #/

MCACMS is an online Compliance Monitoring System (MCACMS Portal) implemented the Ministry of Corporate Affairs for issuing show cause notices and submitting replies from companies / directors for non-compliance under provisions of Companies Act 2013.

Show cause notice from MCACMS Portal
MCACMS Portal started sending show cause notices for certain violations by email to the Company /Director / Company Secretary.

The Show cause notice will carry a CMS reference Number such as F.No. D/RC###/###/2019/XX/YY-YY.

The notice will carry details of non-compliances under which section the notice is issued for and the timelines for submitting the reply.

The Company is required to serve a copy of the said notice to the directors/KMPs and the notice will be treated as deemed to have been served upon every officers in default of the company in terms of the Companies Act. 2013.

The recipient of showcase notice has to submit reply at the portal referring the CMS Reference Number within 15 days from the date the notice. If no reply is filed by the Company / Director, it will be presumed that the company has nothing to say in the matter and the Register of Companies shall initiate penal action for violation of sections referred in the show cause notice.

How to file reply to MCACMS Show Cause Notice?
Logon to the Portal at MCACMS Portal and link Reply for Show Cause Notice.

You have to input CMS reference Number in the required column.

An OTP will be sent to the email where the notice is served. Add the OTP and proceed.

You will be directed to a page where you have to add a reply in not more than 500 words. If the reply is more than 500 words, it is advisable to print the same on Company letter head and authenticated by a Director / Company Secretary and attach the same to the portal as a separate file..

Also, you can attach the relevant supporting documents as separate files to the portal and submit the reply to MCACMS Show Cause Notice

07/10/2019

21/09/2018

Dear Professional Colleagues & Seniors,

MCA has announced the following amendments:

In the Companies (Appointment and Qualification of Directors) Rules, 2014, (i) in the proviso to rule 12A, for the words and figures "before 15th September, 2018," the words and figures "before 5th October, 2018 " shall be substituted. Please use the following link to view and download the notification

http://www.mca.gov.in/Ministry/pdf/AppointmentAndQualificaitonSixthAmendmentRules_20092018.pdf

In the companies (Registration offices and Fees) Rules, 2014, in the Annexure, in serial number VII, for the 'note' the following 'note' shall be substituted, namely:- "Note: During the financial year (2018-2019), fee of rupees five hundred shall be payable from 21.09.2018 to 05.10.2018 and fee of rupees five thousand shall be payable on or after 06.10.2018". Please use the following link to view and download the notification

http://www.mca.gov.in/Ministry/pdf/RegistrationOfficesFeesFifthAmendmentRules_20092018.pdf

The Impact of the amendments is as follows:
DIR-3 KYC filed after 15th September, 2018 till 5th October, 2018 shall be levied with a late fee of INR 500/-
DIR-3 KYC filed after 5th October, 2018 shall attract a late fee of INR 5,000/-
Trust you shall find the above information useful for your professional reference.

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