Roc filling

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Dear Sir/ Mam We had not filled the Annual Return for my Pvt Company having paid up capital Rs. 1,00,000 the financial year 20115-16,so i request to you give me suggestion for following matter 1. what amount of penalty 2.Auditor Removal & Appointment 3.step for filling of annual return
Replies (5)
1. Penalty in your case for delay in filing is 10 times the fees for filing the form.
2.You can remove and appointment a new auditor for valid reasons.
3. You can appoint new auditor and get statutory audit done for year 2015-16 and file you annual returns.

AS PER SECTION 403, READ WITH RULE 12 OF REGISTERATION OF OFFICE RULES , AS COMPANY IS HAVING THE PAID UP SHARE CAPITAL OF RS. 100000, SO NORMAL ROC FEES IS RS. 300. AND AS PER SECTION 92 OF THE COMPANIES ACT 2013 , THE DUE DATE FOR FILING ANNUAL RETURN IN MGT 7 IS 29TH NOVEMBER 2016. BUT THE COMPANY HAS NOT FILED THE MGT 7 WITHIN DUE DATE. SO AS PER SECTION 403, COMPANY HAS TO FILE ANNUAL RETURN WITH ADDITIONAL FEES.

SO TOTAL DELAY IN FILING MGT 7 IS 118 DAYS APPROX"

ADDITIONAL FEES : 10 TIMES OF NORMAL FEES :

SO TOTAL FEES IS 300+ 3000= 3300.

AND AUDITOR OF THE COMPANY CAN BE REMOVED BY ADOPTING FOLLOWING PROCEDURE :

FOLD THE BOARD MEETING TO APPROVE THE PROPOSAL FOR REMOVAL OF AUDITOR.

FILE APPLICATION TO CG WITHIN 30 DAYS FROM DATE OF BOARD RESOLUTION IN FORM ADT 2.

CG WILL GIVE THE ACKNOWLEGMENT OF RECEIPT.

AFTER 60 DAYS FROM THE DATE OF RECEIPT OF CG , HOLD THE GENERAL MEETING AND PASS THE SR .

FILE MGT 14 WITH ROC WITHIN 30 DAYS OF PASSING SR ALONG WITH CERTIFIED COPY OF SR.

AND NEW AUDITOR SHALL BE APPOINTED BY THE BOARD WITHIN 30 DAYS OF ARRISING CASUAL VACCANCY AND SUCH AUDITOR SHALL HOLD THE OFFICE TILL UPCOMING AGM TILL SEPTEMBER 2017 AND SHALL BE FURTHER RATIFIED FOR THE MAXIMUM PERIOD OF 5 YEARS . COMPANY SHALL FILE ADT 1 WITHIN 15 DAYS OF AGM

Auditor to be resigned this year?

Filing is possible only upto 270 days, after that you need to get the delay condoled from NCLT.

Thanks for your valuable suggestion

 


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