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Delay in form 8 filing

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CA Surya Mallampally (Querist)
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31 January 2010 Hi

what is the procedure if Form 8 is delayed more than 30 days with the roc.what is the procedure for filing with the CLB.

Rasesh

Rasesh (Expert)
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02 February 2010 For delay in filing form 8 for charge creation, one need to approach the Company Law Board seeking condonation of delay under section 141 of the Companies Act 1956. Steps involved would be:

1. Prepare and file form 8 through MCA portal (www.mca.gov.in/MCA21/index.html)

2. Prepare (with reasons for delay) and file a petition with the Company Law Board, within whose jurisdiction the registered office of the company is situated.

3. Company Law Board would pass order (normally without hearing) and would impose some monetary penalty.

4. Pay penalty from MCA portal or general challan from MCA portal and pay the same in one of the designated banks.

5. File order of the Company Law Board through MCA portal in e-form 21

Concern Registrar of Companies would then approve the uploaded form 8 and allot Charge ID.

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