Some important points which would be useful for fellow
professionals while e-filing of
Form MGT-7. Some useful information on ADT-1 is
also provided.
ADT-1 is not required to be filed in case of ratification of
Auditor appointment.
SRN of GNL-2 is a valid SRN required to be disclosed while
filling AOC-4. The same has been enabled by MCA in the said form.
Challenges still exist in cases of first auditor appointment
in Board Meeting and also those appointed by CAG where ADT-1 is not mandatorily
required to be filed. MCA has been appraised & taken note of it. Shall look
into the matter.
Non-promoter, non-public shareholding to be disclosed in the
"Others" category either under Public or Promoter with a suitable
note/disclosure that these are not Public/Promoter in case of MGT-7. This is
required because technically, the pre-scrutiny option matches the shareholding
pattern with paid up capital while filing MGT-7. Till such time, MCA revises
it, the same shall have to be done.
Shareholding Pattern in MGT-7 (unlike MGT-9 only requires
equity break up) requires filling up information on both Equity &
Preference Shareholding.
The registered office address and the details of type of
company, category of the company and the sub-category of the company are
dynamic in nature. The caution is even if the current details are filled in
here but not filed as required in the Act, the master data will not change and
neither will it be considered as duly complied. For example, if the registered
office address is changed here, it will be allowed but the master data will
keep on reflecting the old address unless INC-22 is filed for the same.
The email id of the Company and the telephone number though
will be updated in the master data, as filled in MGT-7. The MCA updates the email
id and telephone number on the basis of the last data filled in, in the columns
of email id and telephone number. It is also advised that these data should be
absolutely correct, valid and running. Professionals should desist from giving
their personal email id and telephone number. In the column of telephone
number, even mobile number is allowed to be filled in.
The para asking for the 'Principal Business Activities of
the Company', should be filled in with the assistance of the annexure in the
help form. The codes, both the main activity group and the business activity
has been laid there for ready reference. The companies have to lay down the
description of all their business activities in descending order. To
illustrate, if one business activity is generating 9% of the total turnover of
the company and the second is generating 5% of the total turnover and the third
is generating 2% and so on...then the presentation should be made in the order
starting from 9%
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