Monday 18 August 2014

Snapshot of MCA Circulars - Jan to May 2014

The Ministry of Corporate Affairs has issued several Circulars on Companies Act 2013 and Rules thereof. The following is the consolidated list of Circulars from January to May 2014 issued by the MCA. The following is just a summary of the subject matter of the Circular.  For those Circulars which are not required to be explained as on date, the same lines contained in the MCA website are kept as it is. The rest I have managed to put the subject in crisp.

The link of the Circular number lead to the respective page in MCA website for more information on the same.
 

S.No
Circular No.
Date
Essence of the Circular
1
15/01/2014
Regional directors should invite for the comments of IT Department before producing a Report on a Scheme of Amalgamation / Arrangement. RDs should take into account the comments/ inputs provided by the Income Tax Department and other sectoral Regulators if any while filing their  Report u/s 394A of the Companies Act, 1956.
2
11/02/2014
No Company or LLP shall have the word “National” in it unless the same is a Govt. Company or unless any Govt Company holds a stake in it.
No Company shall use the word “bank” in its name without obtaining NOC from RBI
No Company shall use the word “Stock exchange ” “Exchange” in its name without obtaining NOC from SEBI


3
14/02/2014
Clarification on Section 372 A of the Companies Act 1956 –  Provisions of 372A shall be applicable to guarantee given by the holding company for the loans of the subsidiary company, till the date of effect of Section 186 of the Companies Act 2013
4
25/03/2014
Resolutions passed under section 293 of the Companies Act, 1956 prior to12.09.2013 with reference to borrowings (subject to the limits prescribed) and / or
creation of security on assets of the company will be regarded as sufficient compliance section 180 of the Companies Act, 2013 for aperiod of one year from the date of notification of section 180 of the Act.
5
28/03/2014
Court Fee required to be paid at the time of obtaining Certified Copies of documents filed with ROCs. Court Fee shall be added to the MCA fee and the same shall be filed online. Corresponding Court Fee stamp is  affixed on the document on its dispatch.
6
29/03/2014
Roll out plan of various forms under the Companies Act, 2013 and continuance of forms under the provisions of Companies Act, 1956
7
01/04/2014
Table of Fees
8
01/04/2014
This Circular gives an elaborate table of sections of 2013 Act that are notified and the corresponding provisions in 1956 Act.
9
04/04/2014
Provisions of Companies Act 2013 relating to Financial Statements, Auditors Report and Directors Report shall Apply from Financial year commencing from 31.03.2014
10
25/04/2014
Availability of E-forms/non-e-forms under the companies act 2013
11
07/05/2014
This Circular lays down the procedure to be followed by the Regional Directors , E Governance Cell etc in dealing with Certification of documents by professionals containing false, misleading information or omission of material facts.
12
07/05/2014
One time opportunity for extension of period of Reservation of Name.
13
22/05/2014
Mandatory submission of PAN details by Foreign nationals are applicable only for those foreign nationals, who are required to mandatorily posess PAN as per Income Tax Act 1961.

In case of other foreign nationals, who need not posess PAN as stated above, it will be sufficient to furnish their Passport number along with an undertaking in the format prescribed in this Circular
14
23/05/2014
Extension of validity period for names reserved as on 31st March, 2014















































































































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