The introduction of e-form PAS-6 by the MCA is in pursuance to sub-rule (8) of Rule 9A which was amended vide the Companies (Prospectus and Allotment of Securities) Third Amendment Rules, 2019 with effect from 30th September 2019.
E-form PAS-6 is concerned with the filing of the reconciliation of the share capital audit report on a half-year basis of unlisted public companies.
PROVISIONS OF THE ACT
Section 29 (1A) of the Companies Act 2013
"In case of such class or classes of unlisted companies as may be prescribed, the securities shall be held or transferred only in dematerialized form in the manner laid down in the Depositories Act, 1996 and the regulations made thereunder."
Rule 9A (8) of the Companies (Prospectus and Allotment of Securities) Rules, 2014
"Every unlisted public company governed by this rule shall submit Form PAS-6 to the Registrar with such fee as provided in Companies (Registration Offices and Fees) Rules, 2014 within sixty days from the conclusion of each half year, duly certified by a company secretary in practice or chartered accountant in practice."
Rule 9A (8A) of the Companies (Prospectus and Allotment of Securities) Rules, 2014
The company shall immediately bring to the notice of the depositories any difference observed in its issued capital and the capital held in dematerialized form.
Reconciliation of Share Capital Audit Report on half yearly basis.
The objective of this audit report is to identify any difference observed in the issued capital and the capital held in dematerialized form of a public company. Rule 9A(8A) of the Companies (Prospectus and Allotment of Securities) Rules, 2014 provides that the concerned companies shall bring immediately to the notice of the Depositories any difference observed in its issued capital and the capital held in dematerialized form.
Form PAS 6 is applicable to every Unlisted Public Company except
- A Nidhi Company
- A Government Company and
- a wholly-owned subsidiary
in terms with Section 29 (1A) of the Companies Act 2013 read with Rule 9A (8) of the Companies (Prospectus and Allotment of Securities) Rules, 2014
DUE DATE FOR FILING FORM PAS 6
- Form PAS 6 should be filed within 60 days from the end of each half year (30th September/31st March).
- E-form PAS-6 is to be filed with Registrar of Companies for each ISIN separately.
DETAILS REQUIRED TO BE FILLED IN FORM PAS 6
1. ISIN for each Securities
2. Period for which the return is being filed
3. Details of the Capital of the Company
- held in dematerialized form in CDSL, NSDL and
- shares held in physical form
along with reasons for any difference with the issued Capital
4. Details of changes in the share capital during the half year in the form of
- Right Issue
- Bonus issue
- Private Placement
- Capital Reduction
- Forfeiture and others
5. Complete details of the shares held by the Promoters, Directors and Key Managerial Personnel in physical or dematerialized form.
6. Details regarding updation of the register of members
7. Details of dematerialized shares in excess, in the previous half-year period, with reason.
8. Details of number of dematerialization requests, number of shares and requests of dematerialization pending beyond 21 days, with reason for delay.
9. Details of Company Secretary of the Company, if any.
10. Details of CA/CS certifying the form.
11. Details of appointment of common agency for share registry work
12. Any other details that the professional signing this form may like to provide.
It is to be noted that all the required details must be furnished within 60 days from the half-year ending on 30th September and the 31st March of every financial year concerned with individual ISIN.
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