Companies Act, 2013

SOLUTION TO AFFIXATION OF DSC, VALIDATION AND UPLOADING E-FORM. After modification in MCA portal w.e.f. 27.03.2016 every one is facing issues while downloading, signing with DSC, validating or uploading the e-form. To ensure we don’t face any issues, MCA has provide us with the process to make system settings. SYSTEM SETTING IS AS PER STEPS GIVEN BELOW: 1.       Open www. mca.gov.in 2.       Click on MCA Services Tab. 3.       Click LLP/Company Forms Download under the e-filing option. 4.       Open Internet Explorer, Click on Tools tab . 5.       Tools Tab-> Select Internet Options from the drop down list. 6.       The internet options window is displayed. 7.       Under browsing history section, click the Delete Button . 8.       The Delete Browsing History is displayed. 9.       Ensure that Temporary Internet Files and Cookies check box is enabled. 10.   Click the Delete Button . 11.   The delete browsing history window is displayed. 1

NEW MCA PORTAL FEATURES v   Hassle free calculation of filing fees ( all e-forms): v   Name Search shows status of existing names as:-              Ø   Allocated: Company existing with proposed name. Ø   Reserved: Name of Companies dissolved/struck off but period of 2 years/20 years respectively NOT elapsed. Ø   Available for use: Companies dissolved/              struck off and period of 2years/20 years respectively elapsed. v   Request for scanned documents: Scanned copies of documents can be viewed without cost (This service is in addition to paid view public services). v   Company / LLP master data, now: Ø   Can be exported to excel. Ø   Mentions who has been appointed as KMP . Ø   Displays details of past director (date of appt. & cessation). Ø   Clicking on DIN, takes you to Directorship details of director. Ø   Displays lists of charges (including charges satisfied) with detail of type of charge created. OTHER MEASURES v   Comp

CHANGES IN E-FORMS WITH EFFECT FROM 27/03/2016 A.       Versions of all e-forms - Revised B.       Annual forms under CA 1956 to be filed as an attachment  to GNL-2 (w.e.f. date to be notified) , this means now all Annual Filing for FY 2013-14 or before will now be under approval route:- ü   66; ü   23B; ü   20B; ü   21A; ü   23AC & 23ACA; ü   23AC XBRL & 23ACA XBRL; C.       Instead of submitting CD for details of below mentioned forms, you can now upload the excel file through new service ‘upload details of security / debenture holders, depositors’. ü   Security / Debenture holders (MGT-7 & PAS-3); ü   Depositors (DPT-4) D.       E forms to be withdrawn immediately:- ü   INV-1; ü   INV-5; ü   Investor Complaint Form ( Replaced By New) E.        New e-forms Introduced:- v   (w.e.f. 27/03/2016): ü   CHG-8( Condonation of Delay w.r.t charges); ü   INC-12(application for Section 8 License); ü   Investor Complaint e-form; ü

Amendment Provisions Loan to Director: ·            New Section 185 (1) ·          Any director of Company, or of a Company which is its Holding Company or ·           any partner or relative of any such director; or ·          Any firm in which any such director or relative is partner. Subsection 2: Following loan can be given by company to any person in whom directors are interested after fulfilling the conditions mentioned below: ·         Advance any loan, including loan represented by a book debt ·         Give any guarantee ·         Provide any security in connection with any loan taken Conditions: a)      Special Resolution passed by the Company in General Meeting b)     The loans are utilized by the borrowing company for its principal business activities. Sub-section 3: Nothing contained in sub-section (1) and (2) shall apply to- Clause (a): Loan to Managing Director & Whole Time Director: There are two ways to give Loan