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Companies Act 2013, implementation

Last updated: 01 April 2014


1. Companies Act, 2013 (The Act) was notified on 29th August, 2013. Section 1(3) of the Act empowers the Central Government to notify different dates for different provisions of the Act. 98 sections of the Act were notified on 12.09.2013 and section 135 and rules thereunder on 27/02/2014. The Ministry has further notified 183 sections of the Act and Rules thereunder to be made effective from 01.04.2014(except certain provisions, for example provisions under chapter XV, XVI, XVIII, XIX, XX, part II chapter XXI, chapter XXVII, chapter XXVIII). Most of the existing e-forms will be replaced by new e-forms from the said date. The following steps are being taken for smooth transition.

2. From 01/04/2014 to 13/04/2014 all Registrar of Companies (ROC) will finalise pending e-forms filed up to 31/03/2014under the provisions of Companies Act, 1956. This period will be utilized for developing the e-forms in the MCA21 system. No e-forms will be available for filing except following 19 existing e-forms,. However, other Front Office portal’s services will continue.

Form Nos. 66, 14 LLP, 20B, 21A, 23AC&23ACA, 23AC- XBRL & 23ACA-XBRL, 23C, 23D, 35A, A-XBRL, FTE, I- XBRL, 5INV & 21, refund form, BankACC & Investor Complaint form.

4. With effect from 14/04/2014, 39 new e-forms pertaining to notified sections of the Companies Act, 2013 will be available on MCA portal for filing by stakeholders. Test version of these 39 forms will be available from 28/03/2014 onwards to enable stakeholders to get familiarized with the contents of these new e-forms. The final forms will be available for filing from 14/04/2014.These 39 e-forms are listed below:-

Form Nos. INC-1, INC-2, INC-3, INC-4, INC-5, INC-6, INC-7, INC-18, INC-20, INC-21, INC-22, INC-23, INC-24, INC-27, INC-28, PAS-3, SH-7, SH-11, CHG-1, CHG-4, CHG-6, CHG-9, MGT-14, DIR-3, DIR-5, DIR-7, DIR-8, MR-1, MR-2, URC-1, FC-1, FC-2, FC-3, FC-4, ADJ, MSC-1, MSC-3 & MSC-4.

5. With effect from 28/04/2014, the following e-forms will be available for filing. 17 notified forms which will be made available for individual e-filing at a later date, can be attached with these 7 e-forms and filed. Details of these 17 e-forms are given in the circular no. 06 of 2014.

Form Nos. GNL-1, GNL-2, GNL-3 (for RoC), RD-1, RD-2 (for RD Office), CG-1 & MGT-6.

6. For further details please refer to General Circular no. 06 of 2014 available in the Ministry portal www.mca.gov.in

7. All stakeholders are requested to follow the above instructions indicated in the Notice. For any query related to these instructions, the Helpdesk facility of the MCA21 portal may be contacted at appl.helpdesk@mca.gov.in or at0124-4832500.

sd/-

(Sanjay Kumar Gupta)

 Deputy Director 

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