Form-8
This query is : Resolved
19 April 2013
Please tell me the consiquence of delay in filing form -8 foe modification by 15 days??? Will I have to go for condonation??
19 April 2013
PETITION TO CLB FOR CONDONATION OF DELAY / RECTIFICATION OF CHARGE (Sec. 141)
If for any reason charge ( creation or modification ) could not be filed with ROC within 60 days ( 30 days under law + 30 days with additional fee under ROC power ) and in case of satisfaction 30 days, then the Company have to take the condonation of delay in filing such particulars with Company Law Board.
So in your case if 60 days have not expired you can escape by paying additional fees otherwise you will have to go for condonation of delay in filing form 8.
If for any reason charge ( creation or modification ) could not be filed with ROC within 60 days ( 30 days under law + 30 days with additional fee under ROC power ) and in case of satisfaction 30 days, then the Company have to take the condonation of delay in filing such particulars with Company Law Board.
So in your case if 60 days have not expired you can escape by paying additional fees otherwise you will have to go for condonation of delay in filing form 8.
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19 April 2013
Today i came across a General Circular which says form 8 can be filed with late fees upto 300 days.
General Circular No:13 /2007
See below link:
http://www.mca.gov.in/Ministry/latestnews/Order_of_the_CLB_01oct2007.pdf
General Circular No:13 /2007
See below link:
http://www.mca.gov.in/Ministry/latestnews/Order_of_the_CLB_01oct2007.pdf
19 April 2013
Sir
This circurlar has been withdrawn by MCA in same year.
This circurlar has been withdrawn by MCA in same year.
19 April 2013
If default is made in filing of any charge created by the company or of the payment or satisfaction of a debt in respect of which a charge has been registered or of the issues of debentures of a series,
requiring registration then, unless the registration has been effected on the application of some other person, the company, and every officer of the company or other person who is in default shall be punishable with fine which may extend to Rs.5000/- for every day during which the default continues.
In case of default in compliance of any of the other requirements of this act, the company, and every officer of the company who is in default, shall, without prejudice to any other liability, be punishable
with fine which may extend to Rs.10000/-.
requiring registration then, unless the registration has been effected on the application of some other person, the company, and every officer of the company or other person who is in default shall be punishable with fine which may extend to Rs.5000/- for every day during which the default continues.
In case of default in compliance of any of the other requirements of this act, the company, and every officer of the company who is in default, shall, without prejudice to any other liability, be punishable
with fine which may extend to Rs.10000/-.
19 April 2013
Ajay ji I was having a confusion due to this circular. Can i have a reference of withdrawal of this circular?
19 April 2013
If for any reason charge ( creation or modification ) could not be filed with ROC within 60 days ( 30 days under law + 30 days with additional fee under ROC power ) and in case of satisfaction 30 days, then the Company have to take the condonation of delay in filing such particulars with Company Law Board.
In case of rectification / corrections required in a registered charge, the same can be done only with the order of Company Law Board under this section.
The condonation petition under section 141 include the following :
· Petition containing details about company, charge delayed and reason thereof.
· Affidavit verifying the petition.
· Board Resolution authorising director to make affidavit.
· Memorandum of Appearance by professional appearing on behalf of the company.
The Company Law Board on hearing of the case or otherwise decide about the genuinity of the case on the ground of just and equitable will levy cost for such delay and condone the delay / rectification by issuing order in this behalf.
The Company will file the copy of order alongwith Form No. 21 with ROC and get the registration in this behalf.
If for any reason charge ( creation or modification ) could not be filed with ROC within 60 days ( 30 days under law + 30 days with additional fee under ROC power ) and in case of satisfaction 30 days, then the Company have to take the condonation of delay in filing such particulars with Company Law Board.
In case of rectification / corrections required in a registered charge, the same can be done only with the order of Company Law Board under this section.
The condonation petition under section 141 include the following :
· Petition containing details about company, charge delayed and reason thereof.
· Affidavit verifying the petition.
· Board Resolution authorising director to make affidavit.
· Memorandum of Appearance by professional appearing on behalf of the company.
The Company Law Board on hearing of the case or otherwise decide about the genuinity of the case on the ground of just and equitable will levy cost for such delay and condone the delay / rectification by issuing order in this behalf.
The Company will file the copy of order alongwith Form No. 21 with ROC and get the registration in this behalf.
19 April 2013
Sanjay Sir.....
I am sure about with drawn, i will send you the details as early as possible.
I am sure about with drawn, i will send you the details as early as possible.
19 April 2013
Gupta Ji
Pl refer General Circular No: 1 /2008 through which status quo is maintained.
Pl refer General Circular No: 1 /2008 through which status quo is maintained.
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19 April 2013
Thank you Ajay Sir..I found the same.
Link given below:
http://www.mca.gov.in/Ministry/latestnews/General_Circular_1st_Jul_2008.pdf
Link given below:
http://www.mca.gov.in/Ministry/latestnews/General_Circular_1st_Jul_2008.pdf
19 April 2013
Hi
Circular is General Circular No: 1 /2008
No.8/2/2007 CL-V
Rescission of General Circular No.13 of 2007 dated 27-9-2007.
Please check it it will help you.
Circular is General Circular No: 1 /2008
No.8/2/2007 CL-V
Rescission of General Circular No.13 of 2007 dated 27-9-2007.
Please check it it will help you.
19 April 2013
Great...........
Thank u warrier Sir.....
My pleasure dear....
Thank u warrier Sir.....
My pleasure dear....
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