OBSERVATIONS ON e-FORMS

I. COMPANY INCORPORATION
√ FORM 1A –
• Field of directors are only for 2 nos

• Validity of name availadity is 60+30 Days, in case of section 25 Companies, it

is not sufficient.

√ FORM 1:
• Point 2(f): Licence No./ Validity of Form 1A
• Point 5(b): Subscribed Capital- Not subscribed, it is undertaking to subscribe
only
• Point 7: Main objects – List given for 77 objects not sufficient
• Point 8: Details of other directorship- (Pendency of Form 32)
• Point 9: Registration No. of Vendor
• Certification/verification as a Director?
• Requirement for submission of original copy of the subscription page

√ FORM –18:
• Certification “It is certified that I have verified the above particulars (including
attachments) of …… XYZ PVT. LTD. and found them to be true and correct”
(a) Which records were verified?
(b) Whether the Company has came into existence on the signing of the
certificate?

√ FORM –32:
• Point 5: Designation: it should have options as “First Director”
Category: Only professional, promoter and Independent, more
categories like Nominee Director and others should be
given.
• Certification “It is certified that I have Verified the above particulars
(including attachments) of …… XYZ PVT. LTD. and found them to be true
and correct”
(a) Which records were verified?
(b) Whether the Company has came into existence on the signing of the
certificate?
• In case of an existing Company, it must ensure that the director should be at least 2/3
for filing of Form 32 for resignation/cessation of directorship. Therefore, System
restrict to comply with the requirement if the number of directors falls below 2/3 and
the company forced for non compliance.
• In case if a director died without having DIN, it is very problematic to file Form 32.
• Change in designation is having another problem, in case of appointment of additional
director as well as whole-time/MD on confirmation at the AGM, the status being
shown as director in place of MD/WTD.

√ FORM 19: DECLARATION OF COMPLIANCE – ISSUING PROSPECTUS

U/S 149(A), (B) AND (C)
• Applicable to Public company when issuing prospectus.
• Manual stamp duty needs to be paid on declaration

√ FORM 20: DECLARATION OF COMPLIANCE – ISSUING PROSPECTUS

U/S 149(2(c)
• Applicable to a Public Company when issuing statement in lieu of prospectus.
• Manual stamp duty needs to be paid on declaration

√ FORM 20A: DECLARATION OF COMPLIANCE – COMMENCING

BUSINESS OF OTHER OBJECTS U/S 149(2A) or 149(2B)
• Applicable to Public Company when intent to commence any new business
activities not covered under its main objects.
• Manual stamp duty needs to be paid on declaration

√ FORM 37 & 39: APPLICATION FOR INCORPORATION OF A COMPANT

UNDER CHAPTER IX COMPANIES ACT
Requirements:
• Amended Partnership Deed having at least 7 partners.
• At least 2/3 partners must be having DIN and one of them having DSC.
• Confirm availability of name by applying in Form 1A
• Mention in Form 1 for registration under Part IX company.
• Prepare account not older than 7 days prior to the application
• Check that the subscribed capital in Form 1A and 39 should match with the
partners capital shown in the statement of accounts.
• Obtain consent of all partners in writing.

√ FORM 44: FORM FOR DELIVERY OF DOCUMENTS BY A FOREIGN

COMPANY:
• DIN is not compulsory however, PAN is must.
• E-stamping can be done

II. CHANGE OF NAME-CONVERSION:

√ FORM 1B:
• Application must have been filed within 30 days from the date of passing
special resolution, otherwise order for condonation of delay is required.
• Only 60+30 days time is available for change in the name of the Company.
• Form 1Ais not required for conversion.

III. OTHER IMPORTANT FORMS- RELATING TO DIRECTORS

√ FORM 1AA: PARTICULAR OF PERSONS CHARGED FOR COMPLIANCE

U/S 5(f) or (g)
Practically this form is not being used in companies, it is advisable to designate the
director/secretary or officers of the Company for compliance of specific sections
and File Form 1AA. (Maximum 3 persons can be charged)

√ FORM DDB- INTIMATION FOR DISQUALIFICATION OF DIRECTORS U/S

274(1)(G)
 Requirements:
• Failure to file Balance Sheet and Annual Return for a continuous period of
three years
• Failure to repay deposits or interest thereon on due date being
• Failure to redeem its debentures on due date being
• Failure to pay dividend declared by the company since
Conditions
• DIN is must
• DIN 3/Form 32 must have been filed
√ FORM DDC- APPLICATION FOR REMOVAL OF DISQUALIFICATION U/S
274(1)(G)
• On compliance of defaults
• On specific ground on case to case basis

IV. COMPLIANCE RELATING FORMS- ON SPECIFIC EVENT BASIS

√ FORM 1: TRANSFER OF UNPAID DIVIDEND TO INVESTORS

PROTECTION FUNDS
Requirement:
• Amount in the unpaid dividend accounts of companies
• The application money received by companies for allotment of any securities
and due for refund
• Matured deposits with companies
• Grants and donation
• Interest accrued on the amounts referred to in clause
• Date by which amount should have been credited to the fund
• First the Challan needs to be generated and paid then only Form 1 can be filed.

√ FORM 2 & 3: RETURN OF ALLOTMENT

Requirement:
• Form shall be filed within 30 days from the date of allotment.
• A single Form can be used for more than one allotment during the period of
30days
• List of allottees should be given in the Specific Format Annexure A and other
Annexure as may be applicable.
• Paid up capital after the allotment shown in Form 2 should be within the
authorized capital as per master data of MCA.
• Issued, subscribed and paid up capital should be classified properly
specifically in case of partly paid up shares were issued.
• In case of allotment of shares, other than in consideration of cash is issued
Form 3 shall also be filed.
• In case of a public limited company check that the Form 23 has been filed for
approval u/s 81(1A) before filing of Form 2.
• In case of a public limited company, the special resolution should be passed in
accordance with the requirement of Unlisted Public Limited Companies
(issuance of shares on Preferential basis) Rules, 2001.
• RoC is raising query relating to justification of Premium, if it has been raised
Form 67 should be submitted for addendum well is time.
 • In case of allotment of shares under the Scheme of Amalgamated approved by
the High Court, the RoC insist for filing of Form 3, which is not practically
possible, as valuation of the assets cannot be ascertained and no need at all.

√ FORM 4: STATEMENT OF AMOUNT OR % OF THE COMMISSION

PAYABLE IN RESPECT OF SHARES OR DEBENTURES AND THE NUMBER
OF SHARES OR DEBENTURES FOR WHICH PERSONS HAVE AGREED FOR
A COMMISSION TO SUBSCRIBE FOR ABSOLUTELY OR CONDITIONALLY
• For Public Companies, generally not applicable.

√ FORM 4C: RETURN IN RESPECT OF BUY BACK, SECTION 77A

• For all Companies, but very rarely applied

FORM 5: NOTICE OF CONSOLIDATION, DIVISION, ETC. OR INCREASE IN

SHARE CAPITAL OR NUMBER OF MEMBERS U/S 95, 97 OR 94A(2) OR 81(4)
OF THE ACT, 1956
Requirement:
• On increase in the authorized capital/number of members
• Consolidation of share capital
• Split of shares
• Sub-division of shares
• Increase in the authorized share capital as per Scheme of Merger
Check:
• Whether the RoC has given any requirement for addendum/re-submission, if
so comply with within the stipulated time.
• Submit the physical stamped copy of Form 5 to RoC immediately/make
payment of stamp duty simultaneously.
• File Form 23 before Filing of Form 5.
• Ensure that the details of the authorized, issued, subscribed an paid up capital
is properly written, means once filing of Form 5, you cannot file Form 2 for
allotment of shares prior to that date.
• Check whether there is requirement for amendment in the capital clause of
AOA
• In case of the Amalgamation, if the Scheme/Court Order.
• Non compliance on observations raised, will reject the Form 5 automatically
by server and the fee on Form 5 will be lapse.
√ FORM 21: NOTICE OF THE COURT OR THE CLB ORDER OR ANY OTHER
COMPETENT AUTHORITY U/S 17(1), 17A, 79, 81(2), 81(4), 94A(2), 102(1), 107(3),
111(5), 141, 155, 167, 186, 391(2), 394(1), 396, 397, 398, 445, 466, 481, 559 AND 621A
OF THE ACT
Requirements:
• Court Orders No. not mentioned generally
• Select proper applicable section specifically in case of section 391-394
• In case of amalgamation the Form No. is required to be filed by Transferor
and Transferee Companies
• Proper SRN of the relevant Form must be given
• Penalty is required to be disclosed check whether it is penalty or cost of
petition
 • Amount of penalty must be paid by way of generating challan under Misc.
Services and only Form 21 can be filed.
• Form must be filed within the stipulated time, otherwise it is required to
revalidate the orders from the competent authority as per provisions of the
Companies Act, 1956.
• Get the required certificate after approval of the Form from the RoC.
• The Form needs to be certified by the professional

√ FORM 22: STATUTORY REPORT U/S 165

• Applicable for public limited companies. To be filed once in the life time of
the Company.
• This forms required to be digitally signed by two directors and the auditors of
the Company.
• Normally companies commit default infilling of Form 22A.

FORM 22B: RETURN OF DISCLOSURE OF BENEFICIAL INTEREST TO BE

FILED WITH THE REGISTRAR SECTION 187C(4)
• There is general defaults and companies are not filing of this form to RoC and the
promoters/ director themselves are committing default in providing declaration to the
Company.
• Declaration should be given by person who does not hold the beneficiary interest as
per section 187C (1) is to be attached.
• Declaration by the person who holds the beneficiary interest 187C(2) is to be
attached.
• Declaration by beneficial owner on any change in beneficial interest187C (3).

√ FORM 23: REGISTRATION OF RESOLUTION(S) AND AGREEMENT(S)

Requirements:
• Enter properly the total number of resolution, Based on the number entered here,
number of blocks shall be displayed. Maximum ten 10 resolutions can be provided.
The details of any more resolution can be provided as an optional attachment.
• Select the correct purpose of passing resolution, system shall display the section.
• Select the type of resolution and passing authority properly.
• In case any of the resolution(s) for alteration in object clause, whether there is any
change in industrial activity of the company. If yes, based on the altered main objects
of the company, please enter the main division of industrial activity.
• In case any of the resolution(s) for voluntary winding up under section 484, enter the
details of winding up. Select the mode of winding up. The date of commencement of
winding up as the date of passing of the resolution entered in the form.
• Enter the number of liquidator(s) Enter the PAN, name and address of the
liquidator(s). Then status of company shall be changed to ‘Under Liquidation’ and the
winding up details shall be updated in the system.
• Note that status of the company shall not be changed to ‘Under Liquidation’ unless all
pending e-Forms in respect of the company are closed in the system.
• Details of only one agreement can be provided I Form 23. For each agreement
separate Form 23 is required.
 • In case any of the resolution for alteration in object clause, and there is delay in filing
of form 23, it cannot be filed unless e-Form 21 for condonation of the delay has been
filed. Until Form 21 is approved Form 23 will also not be approved.
• In case of shorter notice attach form 22A for consent.

FORM 23AA: NOTICE OF ADDRESS AT WHICH BOOKS OF ACCOUNT ARE

MAINTAINED
• It is a common default which is committing by most of the companies. It the Books of
Accounts is keep at a place other than the Regd. Office, like Plant, then intimation
should be given at least 7 days before the decision taken by the Board.

FORM 23AAA: APPLICATION TO CENTRAL GOVT. FOR MODIFICATION IN

THE MATTERS TO BE STATED IN THE COMPANY'S BALANCE SHEET/P & L.
• Balance Sheet and P & L Should be in the prescribed Format as provided in Schedule
• In most of the cases the format is being modified as per convenience without approval
of the Central Government, it is default under the Companies Act.
• Application for approval in Form 23AAA should be submitted before closing of the
Financial year.
• Normally the Central Govt. do not provide approval without any specific reasons.

FORM 23AAB: APPLICATION TO CENTRAL GOVT. FOR EXEMPTION FROM

ATTACHING ANNUAL ACCOUNTS OF SUBSIDIARY COMPANIES
• Application for approval in Form 23AAB should be submitted before closing of the
Financial year.
• Normally this approval is not required.

FORM 23AAC: APPLICATION TO CENTRAL GOVT. FOR NOT PROVIDING

DEPRECIATION
• Normally this approval is not required.

FORM 23C: APPLICATION TO THE CENTRAL GOVT. FOR APPOINTMENT OF

COST AUDITOR
• It is applicable on issuance of orders for Cost Audit by the Central Govt.
• Application should be made after obtaining of the Cost Audit Report or before the
commencement of the financial year.
• Every year fresh application needs to be filed for approval of cost auditors
appointment.

FORM 24: APPLICATION TO THE CENTRAL GOVT. FOR INCREASE IN THE

NUMBER OF DIRECTORS
• Normally this approval is not required.

FORM 24A: APPLICATION TO RD FOR RECTIFICATION OF NAME, LICENCE

U/S 25, APPOINTMENT/REMOVAL OF AUDITORS, APPROVAL OF CONTRACT
IN WHICH DIRECTORS ARE INTERESTED, FILING OF PETITION U/S 391-394.
• For appointment of auditors, application needs to be submitted within 7 days from the
date of failure to appoint.
• For Licence u/s 25 applications should be immediately submitted after availability of
name with all attachments.
 • Advertisement should be published in the newspaper after application is filed for
licence.
• For approval of contracts u/s 297 application should be submitted before entering into
contracts. Normally companies committing default u/s 297.

FORM 24AB APPLICATION FOR GIVING LOAN, PROVIDING SECURITY OR

GUARANTEE IN CONNECTION WITH A LOAN U/S 295
• Applicable on a public limited company.
• If minutely observed, there is default in almost all the public companies.
• Previous approval is required.
• Consequences of violation is very sever.

FORM 24B: FORM OF APPLICATION TO CENTRAL GOVT. FOR OBTAINING

PRIOR CONSENT FOR HOLDING OF OFFICE OR PLACE OF PROFIT IN THE
COMPANY U/S 314
• Applicable to all companies, where the remuneration is in excess of Rs.50,000 p.m. or
6 Lacs p.a.
• Normally default is available on obtaining required approval in most of companies.
• Form 23 should be filed before making application in Form 24B.
• Previous approval is not required.
• Application should be in accordance with the guidelines issued by the MCA.

FORM 25A: APPLICATION TO CENTRAL GOVT. FOR APPROVAL OF

APPOINTMENT OR REAPPOINTMENT AND REMUNERATION
OR INCREASE IN REMUNERATION OR WAIVER FOR EXCESS
OR OVER PAYMENT TO MD/ WTD/MANAGER AND
COMMISSION OR REMUNERATION OR EXPRESSION OF
OPINION TO DIRECTORS
Normally this is not required it has very limited use.

FORM 25B: APPLICATION TO CENTRAL GOVT. FOR APPROVAL TO

AMENDMENT OF PROVISIONS RELATING TO MD/WTD OR NON
ROTATIONAL DIRECTOR:
Normally this is not required it has very limited use.

FORM 25C: RETURN OF APPOINTMENT OF MD/WTD OR MANAGER

Applicable to a public company on appointment and re-appointment of MD/WTD/M if the
appointment covered under the provisions of Schedule XIII.
• Within 90 days from the date of appointment/re-appointment needs to be filed.
• Requirement of Remuneration committee in case of inadequate profits.
• Some small companies commit defaults in appointment, filing of Form 25C as well as
obtaining approval of members.

FORM 35A: INFORMATION TO BE FURNISHED IN RELATION TO ANY OFFER

OF A SCHEME OR CONTRACT INVOLVING THE TRANSFER OF SHARES OR
ANY CLASS OF SHARES IN THE TRANSFEROR COMPANY TO THE
TRANSFEREE COMPANY SECTION 395:
Normally this is not required, it has very limited use.
FORM 49 & 52 RELATED TO FOREIGN COMPANIES
Normally this is not required, it has very limited use.

FORM 61: APPLICATION TO ROC FOR APPROVALS:

Required for the following purposes:
(a) Scheme of arrangement, amalgamation
(b) Declaring a defunct company under section 560
(c) Extending the period of annual accounts upto eighteen months u/s 210(4)
(d) Extension of period of annual general meeting by three months u/s 166(1)
(e) Compounding of offences
(f) Others
• Separate application is required for each activities, however, a common application
may be submitted for compounding of offence.
• Approval of RoC is must.
• No filing fee is applicable.
• Indemnity Bond/Affidavit if any needs to be submitted in physically form to the RoC.

FORM 62 SUBMISSION OF DOCUMENTS TO REGISTRAR U/S 44, 60, 77A, 488,

497, 509, 516, 551, AND 555 OF THE ACT, RULE 313, 315, 327, 331, 335 OF THE
COMPANIES (COURT) RULES, 1959 AND RULE 10 OF DEPOSITS RULES, 1975
• This form can be submitted for the following purposes:
(a) Statement in lieu of prospectus as per schedule IV
(b) Prospectus as per schedule II
(c) Form 149, 152, 153, 154, 156, 157, 158 and 159 of the Companies
(Court) Rules, 1959
(d) Form 4A for buy back of shares
(e) Return of deposits pursuant to rule 10 of the Deposits Rules, 1975
(f) Any other purposes.
• None of the documents should be submitted without Form 62 where no form is
prescribed, except reply to the show cause notice.
• Normal filing fee is applicable

FORM 63-64: RELATING TO NIDHI COMPANIES

Normally this is not required it has very limited use.

FORM 65: FOR APPLICATION OR DOCUMENTS WITH CENTRAL GOVT.

Purposes:
• Application for Extension of Time or Exemption from payment of deposits.
• Information and explanation on reservations and qualification contained in the cost
audit report u/s 233B(7)
• Others
• None of the documents should be submitted without Form 62 where no form is
prescribed, except reply to the show cause notice.
• Normal filing fee is applicable

ANNUAL FILING
FORM 20B: ANNUAL RETURN OF A COMPANY HAVING SHARE CAPITAL:
Check that:
 • The information provided in Form 20B should be up to the date of AGM. (specifically
authorized, issued and paid up capital & secured loan.
• In case AGM is not held or AGM is held after the due date of AGM information is to
be provided up to the due date/due date of AGM after extension, as the case may be.
• Form 20B shall be taken on record without any processing at the ROC office.
Therefore all particulars in Form 20B must be correct as per the annual return.
• There is no provision for resubmission of this eForm.
• No attachment can be submitted through the addendum service for Form 20B.
Therefore ensure that all required attachments have been attached if size of the list of
shareholders, is large needs to be submitted in a CD.
• In case there is any change in the email ID, enter the new email ID.
• Enter the AGM/ due date/AGM extension date correctly. This shall be compared with
other Annual Filing Forms and can impact their filing.
• Enter details for the authorised, issued, subscribed and paid up share capital break up
and debenture break up of the company as per schedule V.
• Note that the Paid up capital entered in the form shall update the paid up capital of the
company in master data.
• In case company has shares of multiple nominal amount per share, then enter multiple
nominal values per share separated by comma.
• Details of director(s), MD, manager and secretary as on the date of AGM. Enter the
number of director(s), MD, manager and secretary as on the date of AGM. Details of
2/3/5 directors have to be entered. Based on the number entered, blocks of fields shall
be displayed upto maximum 20 persons.
• It shall be validated that the DIN or PAN is entered is associated with the company as
on the date of AGM. In case the details do not exist in the system, DIN/PAN of that
person shall not be allowed to be entered. It should be ensured that Form DIN-3 or
Form 32, as the case may be, has been filed and approved in respect of that person.
• Enter the number of equity shares held by the person in the company.
• Select whether the person has signed the annual return or not. If yes, enter the date of
signing. Date of signing the annual return shall not be less than the date of
appointment of the person and the date of AGM or latest due date thereof.
• Details of director(s), MD, manager and secretary who ceased to be associated with
the company since the date of last AGM. Enter the number of director(s), MD,
manager and secretary who ceased to be associated with the company since the date
of last AGM. Based on the number entered, blocks of fields shall be displayed for
entering the details. Details of maximum 8 persons can be entered in the form.
• Please note that ‘NO option’ cannot be selected in case the company is a private
company; or where the number of share holders is less than or equal to 1000.

FORM 23AC & 23ACA: FILING BALANCE SHEET, P & L AND OTHER
DOCUMENTS WITH THE REGISTRAR
NOTE:
• The information provided should be as on the date of the balance sheet.
• Form 23AC shall be taken on record without any processing at the office of ROC.
Therefore ensure that all particulars in the Form 23AC are correct as per the balance
sheet to be attached. There is no provision for resubmission of Form 23AC.
• Balance sheet and other documents attached with Form 23AC shall be a copy of
balance sheet authenticated as per section 215 of the Act.
• Convert the soft copy of the balance sheet into PDF and attach with the Form 23AC.
before converting write name, designation and date of signing by the auditor(s) and of
directors/officers in the same manner as signed and authenticated Balance Sheet and
also write Sd- above such name, designation and date.
• If the file size of Form 23AC exceeds 2.5MB, use Additional Attachment Sheet at the
time of uploading of Form 23AC. Once the filing is done, no attachment can be
submitted. through the ‘Addendum’ service.
• Details of director(s), MD, manager, secretary of the company who have signed the
balance sheet Details are to be entered. Enter the DIN/ PAN, date of signing and click
on prefill button. System shall display the designation and name of the person as on
the date of signing of balance sheet. System shall be validated that the person (whose
DIN or PAN is entered) is associated with the company as on the as on the date of
signing of balance sheet. In case the details do not exist in the system, DIN/PAN of
that person shall not be allowed to be entered. Ensure that Form DIN-3 or Form 32,
has been filed and approved in respect of that person.
• Enter the date of Board of directors' meeting in which Board's report referred to under
section 217 was approved. For details of director(s), MD who have signed the Board's
report, enter the DIN, date of signing. System shall be validated that the person
(whose DIN is entered) is associated with the company as on the date of signing of
board’s report as entered in the form.
• Select whether the attached Balance sheet has been audited by the auditors. Form
shall not be allowed to be filed in case the balance sheet is not audited. Enter the date
of signing of reports by the auditors, as mentioned in the balance sheet
• Enter the date of AGM in which accounts are adopted.
• Enter SRN of Form 66. This is required to be entered in case the paid up capital
entered in the form is Rs.10 lakhs to Rs.5 Crores.
• In case of a foreign holding company, enter the name and country of origin of the
holding company. In case of an Indian holding company, enter the CIN of the holding
company.
• Enter the number of the subsidiary company. Based on the number entered, blocks of
fields to enter the details of the subsidiary company(s) shall be displayed. In case of a
foreign subsidiary company, enter the name and country of origin of the subsidiary
company In case of an Indian subsidiary company, enter the CIN of the subsidiary
company.
• Enter the period of annual accounts of the subsidiary company in case particulars of
subsidiary company are attached u/s 212(1) of the Act. Details of a maximum of 12
subsidiary company(s) can be given in the Form for excess use optional attachment..
• Enter the number of auditor(s), details of auditor(s) who is signing the balance sheet.
Enter SRN of Form 23B filed for appointment, if available otherwise enter
Z99999999.
• You can enter details of a maximum of 2 Auditor(s) in the eForm and rest, if any, can
be provided as an optional attachment to the eForm.
• In case of government company, select whether the CAG has commented upon or
supplemented the audit report u/s 619(4). Filing of form shall not be allowed in case
No is selected in this field. Enter the details of comments and supplements received
from CAG and directors’ reply thereupon.
• Select whether any supplementary/test audit has been conducted u/s 619(3)(b). If yes,
attach the supplementary or test audit report.
 • All figures are to be entered in Rupees only. Convert the figures from crores, millions,
lakhs, thousands or hundreds into rupees before entering the figures. In case any field
is not applicable, zero must be entered. In case the company is filing its first balance
sheet, then zero is to be entered in figures for the previous financial year.
• If any item of balance sheet does not cover in the heads mentioned in Form 23AC,
those items can be written in others field.
• Enter the Amount for any revenue subsidies or grants received by the company
• Enter the details of transaction covered under AS 18.
• Form 23AC must be certified by a CA/CS/ICWA in whole-time practice by digitally
signing. With respective CP number. Certification in Form 23AC and 23ACA
includes.
•
(a) verification of particulars filled in the forms from the records of the company
as true and correct;
(b) verification that the balance sheet and profit and loss account and other
documents attached with the forms are true, correct and complete copies of the
original balance sheet and profit and loss account signed by the directors and
auditors and the said copies are same as laid and approved by the members in
the AGM; and
(c) all the required attachment(s) have been completely attached to the forms.

FORM 66: FORM FOR SUBMISSION OF COMPLIANCE CERTIFICATE WITH

THE REGISTRAR OF COMPANIES

FORM 23B: INFORMATION BY AUDITOR TO REGISTRAR

• Normally defaults being committed in filing of Form 23B to RoC.
• It is responsibility of the Auditor to file within 37 days (7+30) from the date of AGM.
• No filing fee is required for Form 23B
• Check whether appointment as auditor is in the capacity of individual or a partnership
firm.
• Enter the correct particulars of the auditor or auditor’s firm.
• Enter properly the period of accounts for audit.
• Copy of intimation received by auditor from the company is to be attached. Any other
information can be provided as an optional attachment.
• Form 23B should be digitally signed by the auditor who has been appointed as an
auditor of the company.
• Enter the ‘Membership Number’ of auditor signing Form 23B and select whether
ACA or FCS.

CHARGES

FORM 8: FOR CREATION OR MODIFICATION OF CHARGE:

Requirements For Creation of new Charge:
• In case of consortium finance and/ or joint charge, enter details of the lead charge
holder only and provide the details of the other charge holder(s) as an attachment.
• Select the category of the charge holder properly.
• Enter the details of creation or modification of the charge.
• Enter CIN, then system will automatically display the name, registered office address
and email ID of the charge holder. In case displayed address is not correct or address
 other than the registered office address of the charge holder is to be entered, then you
can edit the address.
• In case the amount is in foreign currency, enter its rupee equivalent and mention
details of the foreign currency.
• Instrument(s) of creation or modification of charge is a mandatory attachment.
• In case of acquisition of property, already subjected to charge; instrument evidencing
creation or modification of charge is a mandatory attachment.
• In case of joint charge and consortium finance; particulars of other charge holders
should be attached

Requirement for modification of existing Charge

• Charge identification number allotted at the time of registration of the charge is
mandatory, if it is not displaying on the website of MCA, submit original copy of the
Form 8 for creation of Charge ID, before preparation of Form 8.
• Approval of Form 8 shall not be allowed in case any other Form 8 filed earlier is
pending for payment of fee or is under processing in respect of the charge ID entered
in the form.
• In case of modification of charge, the total amount secured by the charge after such
modification should be given. If there is no modification in the charge amount, then
enter the amount secured by the charge prior to such modification.
• Enter the particulars as applicable after such modification.
• Enter the date of last modification prior to the present modification.
• Enter the particulars of the present modification. Ensure that correct particulars are
entered as the same shall be displayed in the certificate of modification.
• If any of the property or interest therein under reference is not registered in the name
of the company

Signature
Form 8 should be digitally signed by the charge holder and by the following –
• In case of an Indian company- By the Managing director or director or manager or
secretary of the company authorised by the Board of directors
• In case of a foreign company- By an authorised representative.
• In case the charge is modified in favour of ARC or assignee then; should also be
digitally signed by such ARC or assignee. In such case, the digital signature of the
company representative is optional
• In case of company representative, select the designation of the person digitally
signing the Form.
• Enter the DIN in case the person digitally signing the Form is a director or MD or
Enter income-tax PAN in case the person signing the Form is a manager or Secretary.
• In case of charge holder, ARC or assignee; enter the designation of the person
digitally signing the Form.

FORM 10: PARTICULARS FOR REGISTRATION OF CHARGES FOR

DEBENTURE
• Similar to Form, however, it needs to be certified by the CA/CS/ICWA

FORM 15: FOR NOTICE FOR CESSETION OF RECEIVER

• It is rarely required, however Form 36 is required to be filed before filing of Form 15.
FORM 17: SATISFACTION OF CHARGE
• Self explanatory
• Please check that the amount shown for satisfaction is matching with the Company
Records/Search Report, if the index of Charge is not updated, it will take the amount
as per the data available on the website of MCA.
• Needs to be signed by the Borrower, Professional and Charge holder.
• Only 30 days time is allowed, RoC has no power to extend the dame for filing.

FORM 36: RECEIVER/MANAGERS ABSTRACTS OR RECEIPTS AND PAYMENT

• Not applicable in working companies
• Self explanatory
 STATUS OF FILING & APPROVALS from 1st April, 2008 to 31st March, 2009
S.No. Particulars Section OB Received Disposes Balance
1 Increase in number of directors 259 5 41 28 18
2 Amendment to provisions for 268 3 23 6 20
MD
3 Appointment of MD etc. 269, 381 1419 1157 643
309, 310
4 Office of Place of Profit 314(1B) 61 410 207 264
5 Prosecution 5070 18183 11148 57743
8
6 Appointment cost auditor 233B 2349
7 Cost audit report 4585
8 Acquisition of shares 108A 1 3 3 1
9 Payment of dividend out of 205A(3) 2 4 5 1
reserves
10 Payment of dividend without 205(2)© 3 5 3 5
depreciation
11 Accounts of subsidiary 212 32 884 696 220
12 Appointment of sole selling 294AA 9 19 21 8
agent
13 Loan, guarantee to directors 295 20 22 36 6
BY ROC and RD
14 Approval of contracts with 297 204 2047 2015 236
directors
15 Change of Name 21 8543 8005 538
16 Rectification of name 22 139 69 70
17 Licence 25 419 306 113
18 Alteration in AOC 31 2512 2314 198
19 Appointment of Auditors 224 34 19 15
20 Amalgamation 394-A 1234 1094 140
21 Liquidation 557(7) 1173 394 779
22 Defunct of Companies 560 50127 18249 31878
Total Companies on 31st March, 2009 : 7,86,774
PSUs 1,591
Others 7,85,183

Public Limited 82,058

Private Limited 7,04,716

New Registration 84,848

Companies under liquidation/Strike off 32,705
Foreign Companies 2,546
Distribution of Companies
Top 5 States
Mumbai 1,76,817
Delhi 1,57,194
West Bengal 92,614
Tamil Nadu 62,806
Andhra Pradesh 58,324
----------- 5,47,775 = 69.72%
Bottom 5 States:
Lakshdweep 9
Nagaland 53
Andaman Nikobar 110
Tripura 130
Manipur 180
---------- 482 = 0.62%

Our RoC MP & CG

Chhatisgarh Public 318 Pvt. 2962 Total 3,280 = 0.42%
Madhya Pradesh Public 1292 Pvt. 10,257 Total 11,549 = 1.67%
Total Public 1610 Pvt. 13,219 Total 14,829 = 1.89%

MCA ELECTRONIC FILING OVERVIEW TILL 31.03.2009

Particulars Period No.
1 E-forms were revised 01/01/08 to 31/03/09 35
2 Average portal his per day 44 Lacs time
3 Total e-filing of form Till 31/03/09 70.13 Lacs
4 Maximum Forms filed on a day 29/09/2007 41,832 Nos.
5 New Companies Registered On line Till 31/03/09 1,87,452
6 Search of Companies on line Do 8.12 Lacs
7 DIN Issued Do 10.05 Lacs
8 Number of Balance Sheets filed Do 11.74 Lacs
9 Number of Annual Returns filed Do 11.42 Lacs
10 Filing by own office/home Do 93%
11 Payment by credit cards Do 63%
12 Survey of 7000 users Sati. 71%

EFFECIENCY IN MCA SERVICES

S.No. Working Previously Now in MCA
01 Name approval 7 days 1-2days
02 Company Incorporation 15 days 1-3 days
03 Change of name 15 days 3 days
04 Charges 10-15 days 2 days
05 Certified copies 10 days 2 days
06 Annual return & Balance Sheet 60 days 24 Hours
07 Forms 32 60 days 1-3days
08 Form 18 60 days 1-3 days
09 Form 5 60 days 1-3 days
Revenue 728.22 Crores 1229 Crores
Expeses 223 Crores