Sub: Revision of E-forms – 19, 20, 20A, 44 & 49(1)
Ministry of Corporate Affairs vide Notification G.S.R. 257(E) dated 17-04-09 has made the Companies (Central Government’s) General Rules and Forms (Second Amendment) Rules, 2009 and thereby revised the following forms:
· Form 19 -Declaration of compliance with the provisions of section 149(i)(a), (b) and (c) of the Companies Act,1956.
The following additions are made:
- e-mail ID of the Company [ point 2(c)]
- ISO Country Code [ Point 3]
- Particulars of payment of stamp duty [point 4] – The information of the State or Union territory in respect of which stamp duty is paid, the total amount of stamp paper, mode of payment of stamp duty, name of vendor authorized to sell stamp papers on behalf of the Government, Serial number of stamp paper, registration number of vendor, date of purchase of stamp paper and place of purchase of stamp paper is required to be given.
- Head ‘Declaration’ replaced by ‘verification’
- Board of directors’ resolution number [ under the head ‘Verification’]
- A further declaration that the company has paid correct stamp duty as per applicable Stamp Act [ under the head ‘Verification’]
- Director Identification Number of the director; or Membership number, if applicable or Income-tax permanent account number (income-tax PAN) of the secretary (Secretary of a company who is not a member of ICSI, may quote his/her income-tax PAN); or Certificate of practice number of the company secretary ( in whole-time practice)
In case of a Company Secretary (in whole-time practice), whether associate or fellow [ under the head ‘to be digitally signed by’]
·
Form 20 – Declaration of compliance with the provisions of section 149(2)(b) of the Companies Act,1956.
The following additions are made:
- e-mail ID of the Company [ point 2(c)]
- ISO Country Code [ Point 3]
- Particulars of payment of stamp duty [point 4] – The information of the State or Union territory in respect of which stamp duty is paid, the total amount of stamp paper, mode of payment of stamp duty, name of vendor authorized to sell stamp papers on behalf of the Government, Serial number of stamp paper, registration number of vendor, date of purchase of stamp paper and place of purchase of stamp paper is required to be given.
- Head ‘Declaration’ replaced by ‘verification’
- Board of directors’ resolution number [ under the head ‘Verification’]
- A further declaration that the company has paid correct stamp duty as per applicable Stamp Act [ under the head ‘Verification’]
- Director Identification Number of the director; or Membership number, if applicable or Income-tax permanent account number (income-tax PAN) of the secretary (Secretary of a company who is not a member of ICSI, may quote his/her income-tax PAN); or Certificate of practice number of the company secretary ( in whole-time practice)
In case of a Company Secretary (in whole-time practice), whether associate or fellow [ under the head ‘to be digitally signed by’]
·
Form 20A – Declaration of the compliance with the provisions of section 149(2A) and (2B).
The following additions are made:
- e-mail ID of the Company [ point 2(c)]
- ISO Country Code [ Point 3]
- Particulars of payment of stamp duty [point 4] – The information of the State or Union territory in respect of which stamp duty is paid, the total amount of stamp paper, mode of payment of stamp duty, name of vendor authorized to sell stamp papers on behalf of the Government, Serial number of stamp paper, registration number of vendor, date of purchase of stamp paper and place of purchase of stamp paper is required to be given.
- Head ‘Declaration’ replaced by ‘verification’
- Board of directors’ resolution number [ under the head ‘Verification’]
- A further declaration that the company has paid correct stamp duty as per applicable Stamp Act [ under the head ‘Verification’]
- Director Identification Number of the director; or Membership number, if applicable or Income-tax permanent account number (income-tax PAN) of the secretary (Secretary of a company who is not a member of ICSI, may quote his/her income-tax PAN); or Certificate of practice number of the company secretary ( in whole-time practice)
In case of a Company Secretary (in whole-time practice), whether associate or fellow [ under the head ‘to be digitally signed by’]
·
Form 44 – Documents delivered for registration by a foreign company.
The following additions are made:
- ISO country Code [point 2(a)]
- Whether the person authorized has been appointed through power of attorney or by passing the resolution [ point 8 regarding the particulars of persons authorized]
- Address of principal place of business in India [ point 6]
- Details of type of office and main division of business activity [point 7]
- Particulars of payment of stamp duty [point 9] – The information of the State or Union territory in respect of which stamp duty is paid, the total amount of stamp paper, mode of payment of stamp duty, name of vendor authorized to sell stamp papers on behalf of the Government, Serial number of stamp paper, registration number of vendor, date of purchase of stamp paper and place of purchase of stamp paper are required to be given.
- Head ‘declaration’ replaced by ‘verification’.
- Income tax PAN of the authorized representative [ under the head ‘to be digitally signed by’]
·
Form 49 - Return of alteration in the charter, statute or memorandum and articles of association, address of the registered or principal office and directors and secretary of a foreign company.
The following additions are made:
- E-mail ID of the Company [point 2(c)]
- Whether there is any change in the name of the company [ point 4(a)(iv)]
- ISO Country Code [ point 4(b)(i)]
- Secretary details [ in Attachment 4]
- Head ‘declaration’ replaced by ‘verification’
- Income tax PAN of the authorized representative [ under the head ‘to be digitally signed by’]
The revised forms will be available on the MCA Portal, effective May 31, 2009.
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