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ROC Compliances

Filing of agreement and resolutions with RoC
Company Law
CA. Kavit Vijay

Form MGT-14 E form | Filing of agreement and resolutions with RoC

Registrar of Company (“RoC”) is a body governing companies and is liable to keep all data and information related to the companies. Accordingly, every company is required to inform Registrar of Company (“RoC”) about major actions taken by the company either through passing of any resolutions (at Board meeting or Member’s meeting) or by entering into any agreement. To comply with same, Section 117 of the Companies Act, 2013 (“The Act”) contains provisions which requires companies to file various agreement or resolutions (passed at Board Meeting/Shareholder’s Meeting) with RoC. 1. Filing requirement of Section 117 Section 117(1) of the act

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All about AOC 4
ROC Compliances
CA. Kavit Vijay

Filling financial statements with ROC every year | AOC 4 E FORM

Every company including OPC is required to file its financial statement (i.e., Balance sheet, Profit & Loss Account, Cash Flow statement and other documents) with RoC within prescribed time limit in form AOC-4. Non-filing of form leads to monetart and non-monetary penal consequences against company and its managerial personnel.

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Directors to File DIR KYC 3
ROC Compliances
CA. Kavit Vijay

Every Director to submit there KYC every year with ROC in DIR 3 KYC FORM

DIR-3 KYC is filed to update director’s details in MCA database. Every director holding DIN with “Approved” status as on 31st March is required to file DIR-3 KYC every year on or before 30th April of the succeeding year. Non-filing of form leads to “Deactivation” of DIN. Such director will not be authorized to sign any document on behalf of company in which he is a director till such default continues.

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Certificate of incorporation (COI) v/s Commencement of Business (COB)
Company Law
CA. Kavit Vijay

Certificate of incorporation (COI) v/s Commencement of Business (COB)

Basis CERTIFICATE OF INCORPORATION (COI) CERTIFICATE OF COMMENCEMENT OF BUSINESS (COB) Applicability Certificate of incorporation is applicable to all class of companies irrespective of share capital. Applicability of Certificate of commencement of business vary with time to time. As in starting it only applicable to public companies, at current scenario it applicable to all the companies having share capital whether private or public. Conclusiveness Certificate of incorporation is legal document which serves as a conclusive evidence that all the requirements of this Act have been completed with all respect by incorporated company. Certificate of commencement of business is a document

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‘Active Company Tagging Identities and Verification ACTIVE (INC-22A)
ROC Compliances
CA. Kavit Vijay

Companies to file return for Active Company Tagging Identities and Verification ACTIVE (INC-22A)

[toc] The Ministry of Corporate Affairs, vide notification dated 21st February, 2019, has come up with the Companies (Incorporation) Amendment Rules, 2019 which are made effective from 25th February, 2019. With the introduction of the Companies (Incorporation) Amendment Rules, 2019, new rule 25A has been inserted into the Companies (Incorporation) Rules, 2014. The said new rule 25A mandates filing of new e-form ACTIVE (INC-22A). The present article, contained in the form of FAQ, would clear up all the question prevailing in one’s mind with regard to the newly introduced e-form ACTIVE (INC-22A). Further any other required documents, as applicable, can

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Obtaining Commencement Of Business Certificate
ROC Compliances
CA. Kavit Vijay

Requirement And Procedure For Obtaining Commencement Of Business Certificate

Introduction Vide Companies (Incorporation) Fourth amendment Rules, 2018 Notification.No.F.no 1/13/2013 CL-V, Part-I, Vol, II dated 18th December 2018 and the companies (Amendment) Ordinance, 2018 dated 2nd November 2018. Companies act 2013 has reintroduced the concept which deals with the requirement of Certificate of Commencement of Business. Under the new Ordinance, no company will be allowed to commence its operations / business activities without filing a declaration with Registrar of Companies (ROC) in form INC 20A, within 180 days of its incorporation. Here all you need to know about commencement certificate: 1. What is Commencement certificate? Commencement Certificate is document which

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Delayed Payment to MSME
ROC Compliances
CA. Kavit Vijay

Companies to file Return for Delayed Payment to MSME

Introduction The Central Government under section 9 of Micro, Small and Medium Enterprises Development Act, 2006 (MSMEDA-2006) empowers to issue notification, programmers, guidelines and instructions for the promotion and development of the competitiveness of micro, small and medium enterprises. Using the powers mentioned under section 9 of MSMEDA-2006 the ministry of micro, small and medium enterprise issued the notification S.O. 5622(E) dated 2nd November 2018, wherein all the companies dealing with such enterprises were required to fill return to Ministry of Corporate Affairs stating the following details: The Amount payments due; and The reason of the delay. With reference to

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