V Kapoor & Associates

V Kapoor & Associates M/s. V Kapoor & Associate (VKA) is promoted and managed by Mr. Varun Kapoor, Associate member of Institute of Company Secretaries of India.

Corporate Legal and Secretarial Consultants

08/07/2019

Urgent requirement of a CS trainee in V Kapoor & Associates, Company Secretaries, located in RG Mall,Sector-9, Rohini. Candidate will get good exposure of Companies Act, 2013, GST, LODR, FEMA, IPR, various Licenses and Certificates work and other laws. Only serious candidates need to apply. Mail your CV at [email protected] with cc to [email protected]

22/12/2018

* ALL ABOUT ADDITIONAL FEES ON ANNUAL FILING AFTER 31st DEC 2018*

Most of the professionals are of the view that they have to pay Rs. 100 per day w.e.f. 01st Jan 2019, but this view is not correct.

The penalty of Rs. 100 per day will be levied in the following manner:

1. Form AOC-4, AOC-4 CFS, AOC-4 XBRL- Rs. 100 per day w.e.f. 30th October, 2018 If the AGM held on 30th September, 2018.

*Illustration:* If the AGM held on 30th September, 2018, the Company will have to pay the additional fees of Rs. 6400 if Company files on 01st January, 2019 and so on.

2. Form MGT-7 - Rs. 100 per day w.e.f. 29th November, 2018 If the AGM held on 30th September, 2018.

*Illustration:* If the AGM held on 30th September, 2018 the Company will have to pay the additional fees of Rs. 3400 if Company files on 01st January, 2019 and so on.

*STAY COMPLIANT*

With Regards
*Varun Kapoor*, *PCS*

04/07/2017

RBI/FEMA Compliance_Due Date:

The Companies ( and LLPs with effect from October 21, 2015 ) which have received FDI or having ODI are required to file annual return of Foreign Liabilities & Assets (FLA) with RBI every year.

Last date for filing return for 2016-17 is 15th July 2017.

Since, LLPs do not have21-Digit CIN (Corporate Identity Number), they are advised to enter ‘A99999AA9999LLP999999’ against CIN in the FLA Return.

Stay Compliant.

With Regards
V Kapoor & Associates
CS Varun Kapoor

20/03/2017

The board of Idea Cellular has approved the merger of Vodafone India Ltd and its wholly-owned arm Vodafone Mobile Services with the company, creating the largest telecom merger

The merged entity will have a revenue of Rs. 81,592 crore ($12.1 Billion) as per the documents filed before the Stock Exchanges.

30/12/2016

MCA issued a Notification dated 26th December, 2016 notifying Section 248, 249, 250, 251 and 252 of Companies Act, 2013 (Chapter XVIII). This chapter deals with Removal of Names of Companies from Register of Companies. MCA has appointed 26.12.2016 as effective date for Section 248 to 252.
MCA has also notified new rules i.e. Companies (Removal of Names of
Companies from the Register of Companies) Rules, 2016 on 27th December, 2016. Following are the few important rules of such Notified Rules.
*1. Removal of name of company from Register by ROC on sue-moto basis.*
ROC may remove Company's name from Register on sue-moto pursuant to Section 248(1) of Companies Act, 2013.
*2. Application for removal of name of company*
An application can be made by Company for removing its name from Register under Section 248(2) of the Act by submitting Form STK-2 alongwith Fees of Rs 5,000. Such application shall be accompanied by following documents
- Indemnity Bond from Director in Form STK-3
- Statement of Accounts certified by CA
- An Affidavit from Director in Form STK-4
- Special Resolution duly signed by Every Director
- Statement regarding pending litigations, if any, involving Company
3. Form STK-2 shall be *signed by Director digitally*.
4. Form STK-2 shall be *certified by CA/CS/CWA in practice*
5. The notice under sub-section (1) or sub-section (2) of section 248 to be published by MCA shall be *in Form STK 5 or STK 6 respectively*. Company shall also be required to place application on its website till its disposal.
6. Rules has specifically mentioned that, *in case of Foreign National / NRI, Indemnity Bond and declaration shall be notarised or apostilled or consularised*.
7. Notice of striking off shall be given by ROC *in Form STK-7*.
8. Any application or pending for striking off or Form-FTE filed with the Registrar of Companies prior to the commencement of these rules but not disposed of by such authority for want of any information or document shall, on its submission, to the satisfaction of the authority, be disposed of in accordance with the rules made under the Companies Act, 1956.

20/12/2016

Stakeholders may kindly note that existing INC-2 and INC-7 eforms are likely to be withdrawn from the MCA portal shortly. Stakeholders will then have to use only SPICe (Simplified Proforma for Incorporating a Company electronically) forms viz. SPICe (INC-32), SPICe eMoA (INC-33) and SPICe eAoA (INC-34) for incorporation of all companies including Section 8 Companies (except Part I companies, a company having more than 7 subscribers/promoters, or foreign national subscribers not having a valid DIN). A revised version of INC-7 shall be made available a few days after the discontinuation of the existing version of INC-7 which shall be applicable only for Part I companies, a company having more than 7 subscribers/promoters, or foreign national subscribers not having a valid DIN. During the intervening period a separate process will be specified for incorporation of such companies. Stakeholders who have already filed INC-2 or INC-7 prior to the notification of this change would be able to resubmit previous versions of these forms (if required), within a stipulated time period. The effective date of these changes will be published on the MCA portal. All Stakeholders are requested to make note of the upcoming changes, and are advised to use only SPICe eform henceforth for any new filings, so as not to face any inconvenience at a later date due to withdrawal of INC2 and INC7 eforms.New link image

19/12/2016

RBI Notification:

RBI/2016-17/189
DCM (Plg) No. 1859/10.27.00/2016-17
December 19, 2016
The Chairman / Managing Director/ Chief Executive Officer,
Public Sector Banks/ Private Sector Banks / Foreign Banks/ Regional Rural
Banks / Urban Cooperative Banks/ State Cooperative Banks
Dear Sir,
Withdrawal of Legal Tender Character of existing ₹ 500/- and ₹ 1000/- Bank Notes (Specified Bank Notes) - Deposit of Specified Bank Notes (SBNs) into bank accounts
Please refer to Circular DCM (Plg) No.1226/10.27.00/2016-17 dated November 08, 2016 on the captioned subject. On a review of the provisions ii, iii and iv at C of Para 3 dealing with credit of the value of SBNs into bank accounts it has been decided to place certain restrictions on deposits of SBNs into bank accounts while encouraging the deposits of the same under the Taxation and Investment Regime for the Pradhan Mantri Garib Kalyan Yojana, 2016 as indicated below:
Tenders of SBNs in excess of ₹ 5000 into a bank account will be received for credit only once during the remaining period till December 30, 2016. The credit in such cases shall be afforded only after questioning tenderer, on record, in the presence of at least two officials of the bank, as to why this could not be deposited earlier and receiving a satisfactory explanation. The explanation should be kept on record to facilitate an audit trail at a later stage. An appropriate flag also should be raised in CBS to that effect so that no more tenders are allowed.
Tenders of SBNs up to ₹ 5000 in value received across the counter will allowed to be credited to bank accounts in the normal course until December 30, 2016. Even when tenders smaller than ₹ 5000 are made in an account and such tenders taken together on cumulative basis exceed ₹ 5000 they may be subject to the procedure to be followed in case of tenders above ₹ 5000, with no more tenders being allowed thereafter until December 30, 2016.
It may also be ensured that full value of tenders of SBNs in excess of ₹ 5000 shall be credited to only KYC compliant accounts and if the accounts are not KYC compliant credits may be restricted up to ₹ 50,000 subject to the conditions governing the conduct of such accounts.
The above restrictions shall not apply to tenders of SBNs for the purpose of deposits under the Taxation and Investment Regime for the Pradhan Mantri Garib Kalyan Yojana, 2016.
The equivalent value of specified bank notes tendered may be credited to an account maintained by the tenderer at any bank in accordance with standard banking procedure and on production of valid proof of Identity.
The equivalent value of specified bank notes tendered may be credited to a third party account, provided specific authorisation therefor accorded by the third party is presented to the bank, following standard banking procedure and on production of valid proof of identity of the person actually tendering, as indicated in Annex-5 of our circular cited above.
2. Please acknowledge receipt.
Yours faithfully
(P Vijaya Kumar)
Chief General Manager

17/12/2016

*Parliament Passes Rights Of Persons With Disabilities Bill 2016*

*_Salient features of the Bill:_*

i. Disability has been defined based on an evolving and dynamic concept.

ii. The types of disabilities have been increased from existing 7 to 21 and the Central Government will have the power to add more types of disabilities.

iii. Speech and Language Disability and Specific Learning Disability have been added for the first time. Acid Attack Victims have been included. Dwarfism, muscular dystrophy have has been indicated as separate class of specified disability. The New categories of disabilities also included three blood disorders, Thalassemia, Hemophilia and Sickle Cell disease.

iv. In addition, the Government has been authorized to notify any other category of specified disability.

v. Responsibility has been cast upon the appropriate governments to take effective measures to ensure that the persons with disabilities enjoy their rights equally with others.

vi. Additional benefits such as reservation in higher education, government jobs, reservation in allocation of land, poverty alleviation schemes etc. have been provided for persons with benchmark disabilities and those with high support needs.

vii. Every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education.

viii. Government funded educational institutions as well as the government recognized institutions will have to provide inclusive education to the children with disabilities.

ix. For strengthening the Prime Minister’s Accessible India Campaign, stress has been given to ensure accessibility in public buildings (both Government and private) in a prescribed time-frame.

x. Reservation in vacancies in government establishments has been increased from 3% to 4% for certain persons or class of persons with benchmark disability.

xi. The Bill provides for grant of guardianship by District Court under which there will be joint decision – making between the guardian and the persons with disabilities.

xii. Broad based Central & State Advisory Boards on Disability are to be set up to serve as apex policy making bodies at the Central and State level.

xiii. Office of Chief Commissioner of Persons with Disabilities has been strengthened who will now be assisted by 2 Commissioners and an Advisory Committee comprising of not more than 11 members drawn from experts in various disabilities.

xiv. Similarly, the office of State Commissioners of Disabilities has been strengthened who will be assisted by an Advisory Committee comprising of not more than 5 members drawn from experts in various disabilities.

xv. The Chief Commissioner for Persons with Disabilities and the State Commissioners will act as regulatory bodies and Grievance Redressal agencies and also monitor implementation of the Act.

xvi. District level committees will be constituted by the State Governments to address local concerns of PwDs. Details of their constitution and the functions of such committees would be prescribed by the State Governments in the rules.

xvii. Creation of National and State Fund will be created to provide financial support to the persons with disabilities. The existing National Fund for Persons with Disabilities and the Trust Fund for Empowerment of Persons with Disabilities will be subsumed with the National Fund.

xviii. The Bill provides for penalties for offences committed against persons with disabilities and also violation of the provisions of the new law.

xix. Special Courts will be designated in each district to handle cases concerning violation of rights of PwDs.

Warm Regards
Varun Kapoor
Practicing CS
New Delhi

16/12/2016


If service complaints related to Name Reservation or Company Incorporation are not resolved within 2 working days after a service ticket is raised, Stakeholders may escalate the matter by sending an email to [email protected] only in the event of tickets not being resolved within 2 working days. Stakeholders are advised to normally wait for resolution of tickets within the stipulated time and not send e-mails as soon as tickets are raised. Action on e-mails will be taken only in respect of cases where tickets have not been resolved within 2 working days. Stakeholders should clearly mention the Helpdesk ticket SR number & date on which ticket was raised in the subject line along with specific problem details.

09/12/2016

MCA Updates:

1. Form INC-27 is likely to be revised on MCA21 Company Forms Download page w.e.f. 10th December, 2016. Stakeholders are advised to check the latest version before filing.

2. Additional fees payable by the companies having registered offices in the State of Jammu & Kashmir on eforms AOC-4, AOC-4 XBRl, AOC-4 CFS and MGT-7 has been waived till 31st Dec, 2016 vide general circular no. 14/2016 dated 07/12/2016. Stakeholders may take note of the same and plan accordingly.

Warm Regards
CS Varun Kapoor
Practicing Company Secretary

30/10/2016

V Kapoor & Associates wish you all a very happy and prosperous Diwali

Regards
Varun Kapoor

Address

Pocket 25/145, Near Babosa Mandir, Sector 24, Rohini
New Delhi
110085

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