NDH 4 filing

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CA Sunil Kumar CS (Querist)
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21 November 2022 As per new rule Form NDH 4 is deemed to be approved we have not received any reply after 45 day. But for filing for 20A the order of NDH-4 approval is required. Then how to solve this situation?
Also whether Government issued any order of rejection list for NDH-4?

Aashok Kumar Sharma

Aashok Kumar Sharma (Expert)
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03 August 2024 Here’s how you can address the situation with NDH-4 and the issue of not receiving an approval order:

### Addressing NDH-4 Approval and Form 20A Filing

1. **Deemed Approval of NDH-4:**
- As per the recent amendments, if no communication is received from the Registrar of Companies (ROC) within 45 days of filing Form NDH-4, the form is deemed to be approved. This provision helps in ensuring that there is no undue delay in the recognition of the compliance status.

2. **Filing Form 20A:**
- For filing Form 20A (which is a declaration for commencement of business), if you need proof of the approval of NDH-4 and have not received an official order, you can typically proceed with the filing based on the deemed approval provision. However, ensure to keep a record of your NDH-4 submission and any correspondence or receipts as proof of compliance.

3. **Verification and Documentation:**
- Maintain all documentation related to the NDH-4 filing, such as the acknowledgement receipt, screenshots of submission, and any email confirmations. These documents will serve as evidence of your compliance and deemed approval.

4. **Contacting ROC:**
- If there is any specific requirement from the ROC or if you are facing issues, contact the ROC office where you submitted your NDH-4 form. You can request confirmation of the deemed approval status and inquire if any further action is needed for Form 20A.

5. **Government Orders or Rejection Lists:**
- To determine if the government has issued any orders related to rejection lists for NDH-4 or if there are updates on this, check the Ministry of Corporate Affairs (MCA) website or notifications. The MCA frequently updates their portal with such information.

6. **Checking MCA Portal:**
- Regularly check the MCA21 portal for any updates regarding NDH-4 filings and approvals. Sometimes, important updates or notices related to rejection lists or other compliance matters are published there.

### Steps to Follow:
1. **Check MCA Notifications:**
- Look for any official notifications or circulars on the MCA website that may provide details on rejection lists or procedures related to NDH-4.

2. **Review Your Compliance:**
- Ensure all compliance requirements have been met and your NDH-4 form was accurately filled out and submitted within the stipulated timeframe.

3. **Seek Professional Help:**
- If the situation remains unresolved or if you encounter any complexities, consult with a company secretary or a legal professional who specializes in corporate compliance. They can provide guidance based on current regulations and assist with interactions with the ROC.

4. **File Form 20A:**
- Proceed with filing Form 20A with the documentation and proof of deemed approval of NDH-4. Ensure all other requirements for Form 20A are met.

By following these steps, you should be able to address the issue of NDH-4 approval and proceed with filing Form 20A efficiently.

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