09 December 2010
I have filed an E-Form 8 for creation of charge on behalf of my Private Limited Co. But the ROC asked to file Form67 Addendum. I have not filed this Form 67 the time to file this form is expired and the ROC made this Form 8 as invalid form according to regulation 17 of Company regulation 1956.I want to know what i should do in this situation. Whether there is any provision to get a chance to uplod this form 67 after the expiry of time
09 December 2010
In your case, if 60 days time limit is over you have to make an application to CLB for condonation of delay. Once the delay is condoned by CLB you have to file Form 21 alongwith CLB order and then file Form 8.
In my opinion if the 60 days period has expired, then as the experts rightly said you have to approach CLB for condonation of delay. Please refer the mail sent to you by ROC in which he has asked you to resubmit the form, in that he must have written that in case you fail to resubmit the form by so and so date the form filed shall be treated as invalid and the transaction shall be cancelled. If after the cancellation of Transaction, 60 days from the date of creation/modification of charge has not expired you will have to file the Form again with the requisite filing fees.
Moreover, in case the ROC has asked you to re-submit the form then Form 67 cant be filed. Form 67 has to be filed only in case the form is pending for user clarification(PUCL). Please refer the instruction kit available on the MCA Portal.
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