, CS GAURAV SHARMA: 2018
Showing posts with label 2018. Show all posts
Showing posts with label 2018. Show all posts

August 1, 2018

Form ADT-1 is likely to be revised w.e.f 3rd August, 2018

Form ADT-1 is likely to be revised w.e.f 3rd August, 2018, Stakeholders are advised to check the latest version before filing




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Amendment for Annual Filling 2018 Companies (Accounts) Amendment Rules, 2018 notified by MCA

MCA has notified the Companies (Accounts) Amendment Rules, 2018 incorporating additional disclosure requirements for financial statements of the Companies, including status of maintenance of cost records, measures to prevent sexual harassment of women, certain disclosures by OPC/ Small companies in abridged Financial Statements, etc., as under:

Companies (Accounts) Amendment Rules, 2018: MCA Notification dt. 31 July 2018

G.S.R. (E).-In exercise of the powers conferred by section 134 read with section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Accounts) Rules, 2014, namely:-

1. (1) These rules may be called the Companies (Accounts) Amendment Rules, 2018. (2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Companies (Accounts) Rules, 2014, in rule 8,

(i) In sub-rule (5), after clause (viii) the following clauses shall be inserted, namely:-

“(ix) a disclosure, as to whether maintenance of cost records as specified by the Central Government under sub-section (1) of section 148 of the Companies Act, 2013, is required by the Company and accordingly such accounts and records are made and maintained,

(x) a statement that the company has complied with provisions relating to the constitution of Internal Complaints Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [14 of
2013]

(ii) after sub-rule (5), the following rule shall be inserted, namely:-

“(6) This rule shall not apply to One Person Company or Small Company”.

(iii) after rule 8, the following rule shall be inserted, namely:-

“8A. Matters to be included in Board’s Report for One Person Company and Small Company.-

(1) The Board’s Report of One Person Company and Small Company shall be prepared based on the stand alone financial statement of the company, which shall be in abridged form and contain the following:-

(a) the web address, if any, where annual return referred to in sub-section (3) of section 92 has been placed;

(b) number of meetings of the Board;

(c) Directors’ Responsibility Statement as referred to in sub-section (5) of section 134;

(d) details in respect of frauds reported by auditors under sub-section (12) of section 143 other than those which are reportable to the Central Government;

(e) explanations or comments by the Board on every qualification, reservation or adverse remark or disclaimer made by the auditor in his report;

(f) the state of the company’s affairs;

(g) the financial summary or highlights;

(h) material changes from the date of closure of the financial year in the nature of business and their effect on the financial position of the company;

(i) the details of directors who were appointed or have resigned during the year;

(j) the details or significant and material orders passed by the regulators or courts or tribunals impacting the going concern status and company’s operations in future.


(2) The Report of the Board shall contain the particulars of contracts or arrangements with related parties referred to in sub-section (1) of section 188 in the Form AOC-2.”.









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July 30, 2018

Companies (Amendment) Act, 2017 and Companies (Incorporation) Third Amendment Rules, 2018 – Reg

 .
The Ministry of Corporate Affairs vide its notification dated 27th July, 2018 has notified Section 5 & Section 6 of the Companies (Amendment) Act, 2017 w.e.f. 27th July, 2018.
S. No.
Section of Companies (Amendment) Act, 2017
Amended Section of Companies Act, 2013
Title
  1.  
Section 5Item (c) of sub-section (1) of section 7
Incorporation of a Company:
The requirement of affidavit from first subscribers and directors has been replaced with a declaration therefrom
  1.  
Section 6Sub-section (1) and (4) of section 12
Registered Office of the Company:
The time limit for having a registered Office for a company and communication of the change of situation of registered office with the ROC has been enhanced from 15 days to 30 days from the date of incorporation and the date of change respectively.
The notification for the above is available at the following link:


The Ministry has also notified the Companies (Incorporation) Third Amendment Rules, 2018, for Substitution of Explanation to Rule 3(1) relating to the meaning of the term ‘Resident in India’ and Rule 15 pertaining to Affidavit from Subscribers and First Directors.




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July 7, 2018

June 15, 2018

Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2018

GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, 12th June, 2018
G.S.R-(E).- In exercise of the powers conferred by section 149 and 168 of read with section 469 of the Companies Act, 2013 ( 18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Appointment and Qualification of Directors) Rules, 2014, namely:-
1.(1) these rules may be called the Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2018.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Companies Appointment and Qualification of Directors) Rules, 2014, in the annexure, (i) for form DIR-3, the following form shall be substituted;-
(i) for form DIR-3, the following form shall be substituted;-
(ii) for form DIR-6, the following form shall be substituted;

Companies (Registered Valuers and Valuation) Second Amendment Rules, 2018

Government of India
Ministry of Corporate Affairs
Notification
New Delhi, the 13  June,2018
G.S.R…….(E).- In exercise of the powers conferred by section 247 read with section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following Rules further to amend the Companies (Registered Valuers and Valuation) Rules, 2017, namely:-
1. (1) These rules may be called the Companies (Registered Valuers and Valuation) Second Amendment Rules, 2018.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Companies (Registered Valuers and Valuation) Rules, 2017, in rule 19, in sub-rule 2, after clause (g), the following clause shall be inserted, namely:-
“(h) Presidents of, the Institute of Chartered Accountants of India, the Institute of Company Secretaries of India, the Institute of Cost Accountants of India as ex-officio members.”.

Companies (Management and Administration) Second Amendment Rules, 2018

GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, 13 June 2018
G.S.R-(E).- In exercise of the powers conferred by sub-sections (1) and (2) of section 469 read with sections 93,94,96 and 110 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Management and Administration) Rules, 2014, namely:-
1. (1) These rules may be called the Companies (Management and Administration) Second Amendment Rules, 2018.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Companies (Management and Administration) Rules, 2014,
(i) rule 13 shall be omitted;
(ii) in rule 15, the sub-rule(6), shall be omitted;
(iii) in rule 18, in sub-rule (3), Explanation after clause (ix), shall be omitted;
(iv) in rule 22, in sub-rule (16) for the proviso, the following shall be substituted, namely:-
“Provided that any aforesaid items of business under this sub-rule, required to be transacted by means of postal ballot, may be transacted at a general meeting by a company which is required to provide the facility to members to vote by electronic means under section 108, in the manner provided in that section:
Provided further that One Person Companies and other companies having members up to two hundred are not required to transact any business through postal ballot”
(v) the “Form No. MGT-10” shall be omitted.

April 28, 2018

One day Extension of the Condonation of Delay Scheme, 2018


MCA has issued General Circular 03/2018  dated 27.04.2018 regarding One day Extension of the Condonation of Delay Scheme, 2018 due to gazetted holiday on 30.04.2018 on account of Budh Purnima. 

http://www.mca.gov.in/Ministry/pdf/CondonationCircular03_27042018.pdf


www.mca.gov.in


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January 26, 2018

Summary of Companies Incorporation (Amendment) Rules, 2018


1. Companies Incorporation (Amendment) Rules, 2018
2. Companies Appointment and Qualification of Directors (Amendment) Rules, 2018
3. Companies Registration Offices and Fees (Amendment) Rules, 2018

- INC-1 discarded. Now Registration of Unique Name(RUN) to be used for Reservation of Name and Change of Name of existing companies.
- CRC will be vested with job of processing RUN applications.
- RUN is half page web form in which one name can be reserved.
- No resubmission for RUN. Either approval or rejection. 
- RUN comes with Auto Check feature for checking name availability. However, scrutiny of name shall still be done by MCA. Onus to comply with Name Availability Provisions still rests upon applicant. Same is now required to be declared by Applicants in SPICe (INC-32).
- Documents such as NOC for Name, Sectoral Regulator Approval, Self-Declaration, etc. has to be attached to RUN. Though, size of attachments still remian undisclosed*. We can expect it to be existing 6MB. 
- Brief of Main Objects to be entered in RUN in comments section. 
- Incorporation to be done only through SPICe Route now i.e. INC-32
- SPICe (INC-32) to be now used for Incorporation of Chapter XXI (Part-I) companies i.e. Section 366 companies. 
- e-MOA and e-AOA (i.e. INC-33 and INC-34) to be not applicable for companies having foreign subscribers or cases where subscribers are more than 7. In both such cases separate MOA-AOA has to be attached. 
- Form INC-7 discontinued for Incorporation matters.
- For incorporating companies having less than or equal to Rs.10 lakh nominal capital or companies which are without share capital and have members less than 20 - No Incorporation fee.
- Form DIR-3 (i.e. Application for DIN) to be used only by existing companies for appointment of new Directors not having DIN. 
- Declarations in INC-32 come with a major change for Applicants as well as Practicing Professionals. HelpKit of e-Forms will provide clarifications so let's wait for this.
- PAN of Practicing Professional certifying INC-32 to be mandatorily provided. 
- SPICe (INC-32) to be now filed with the concerned ROC where Registered Office is to be situated Therefore, CRC not to process Incorporation applications.
- Person not having DIN and wanting to incorporate new company to apply for DIN through SPICe (INC-32). 
- Maximum 3 DIN can be applied through SPICe (INC-32), which means for appointment of more directors, separate Form DIR-12 shall be used after incorporation of company.  
- DIR-3 for existing companies to be certified by existing company's Director/CFO/CEO/CS. Professional certification removed for DIR-3. 

- Board Resolution mandatory to be attached in DIR-3 for person to be appointed as Director in existing company

Source :- Dheeraj Kr. Sharma


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January 21, 2016

Banks, insurers to align with global accounting rules from April 1, 2018


The Centre has announced the much-awaited roadmap for implementing the Indian Accounting Standards (Ind AS) by banks, insurers and non-banking finance companies (NBFCs).
Ind AS are a set of accounting standards developed by Indian authorities, which converge with the International Financial Reporting Standards (IFRS).
According to the roadmap, scheduled commercial banks (excluding regional rural banks) and insurers, will be required to prepare Ind AS-based financial statements for accounting periods beginning April 1, 2018. This would have to be done with comparatives ending March 31, 2018 or thereafter.
Ind AS would be applicable to both consolidated financial statements. The roadmap would also apply to all-India term-lending refinancing institutions, such as Exim Bank, NACAS, NHB and SIDBI, an official release said.
Urban cooperative banks and regional rural banks are not required to apply Ind AS and can continue to comply with the existing standards for the present, the release added.
The new roadmap is being implemented as a follow-up of the 2015-16 Budget announcement made by Finance Minister Arun Jaitley. Also, the Centre has now stipulated that commercial banks cannot voluntarily adopt Ind AS prior to the roadmap date.
The roadmap also clarifies that holding company, subsidiary, joint venture and associate entities of commercial banks, insurers and NBFCs will also have to comply with the standards.
NBFCs have been asked to prepare Ind AS-based financial statements in two phases.
Under phase I, NBFCs having net worth of Rs. 500 crore or more would have to prepare the statements for accounting periods beginning April 1, 2018.
Under phase II, NBFCs whose equity and/or debt securities are listed or are in the process of being listed on any stock exchange in India or outside India and have net worth less than Rs. 500 crore should prepare the statements from April 1, 2019.
The same roadmap will apply to unlisted NBFCs having net worth of Rs. 250 crore or more, but less than Rs. 500 crore.



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