, MGT-3 under Companies Act, 2013 ~ CS GAURAV SHARMA

March 18, 2015

MGT-3 under Companies Act, 2013

Notice of situation or change of situation or discontinuation of situation,of place where foreign register shall be kept

eForm MGT-3 is required to be filed pursuant to section 88(4) of the Companies Act, 2013 and rule 7(2) of the of the Companies (Management and Administration) Rules, 2014 which are reproduced for your reference.
Section 88(4): A company may, if so authorised by its articles, keep in any country outside India, in such manner as may be prescribed, a part of the register referred to in sub-section (1), called “foreign register” containing the names and particulars of the members, debenture holders, other security holders or beneficial owners residing outside India.
Rule 7(2): The company shall, within thirty days from the date of the opening of any foreign register, file with the Registrar notice of the situation of the office in Form No.MGT-3 along with the fee where such register is kept; and in the event of any change in the situation of such office or of its discontinuance, shall, within thirty days from the date of such change or discontinuance, as the case may be, file notice in Form No.MGT-3 with the Registrar of such change or discontinuance.
Purpose of the eForm
A company may, if so authorized by its articles, keep in any country outside India a part of the register of members/of debenture holders/of any other security holders/of beneficial owners, resident in that country.
The company shall, within thirty days from the date of the opening of any foreign register, file with the Registrar notice of the situation of such place in Form No.MGT-3 where the register is kept. In the event of any change in the situation of such place or of its discontinuance, the same should be communicated within thirty days from the date of such change or discontinuance, as the case may be, in Form No.MGT-3 with the Registrar.
eForm Number as per Companies Act, 1956
This eForm has newly be introduced in the Companies Act 2013.
Fee Rules
S. No.PurposeNormal FeeAdditionalFee          (Delay
Fee)
Logic for Additional Fees
Event DateTime limit(days) for filing
1.Form for Notice of situation or change of situation or discontinuation of situation,of place where foreign register shall be keptThe Companies (Registration of Offices and Fees) Rules, 2014Effective date30 days
Fees payable is subject to changes in pursuance of the Act or any rule or regulation made or notification issued there under.


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