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Stakeholders are requested to please note that Filing of affidavits (from each of the subscribers to the memorandum and from persons named as the first directors, if any, in the articles that he is not convicted of any offence in connection with the promotion, formation or management of any company, or that he has not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law during the preceding five years and that all the documents filed with the Registrar for registration of the company contain information that is correct and complete and true to the best of his knowledge and belief) as per Section 7(1)(c ) of the Companies Act, 2013 read with rule 15 of the Companies (Incorporation) Third Amendment Rules has been dispensed with vide the Companies (Amendment) Act,2017- from 27th July 2018. Only declaration by first subscriber(s) and director(s) in INC-9 is mandatory and affidavit is NOT required to be filed. Stakeholders may kindly note the above provisions while filing SPICe forms for incorporation of Companies.
Manufacturing activities in LLPs:
Manufacturing & allied activities were restricted in LLPs vide OM No. CRC/LLP/e-Forms dated 06.03.2019. This OM invoking the restriction regarding manufacturing & allied activities has been withdrawn with immediate effect.
Revised version of the eForm INC-35 -AGILE (Application for Goods and services tax Identification number, employees state Insurance corporation registration pLus Employees provident fund organisation registration) which is filed as linked form with SPICe for incorporation of a Company is available on MCA21 Company Forms Download page. The revised form contains all the fields relevant to GST / EPFO / ESIC as notified vide the Companies (Incorporation) third Amendment Rules, 2019 dated 29th March 2019. Stakeholders may take note and refer instruction kit for more details.
The stakeholders may note that Ind AS 116, Leases shall be applicable with effect from 01st April, 2019 and necessary notification for the same shall
be issued in due course after complying with the necessary procedure.
Form GNL-1 is likely to be revised on MCA21 Company Forms Download page w.e.f 7th December, 2018. Stakeholders are advised to check the latest version before filing.
Forms INC-20, MSC-1, MGT-3, INC-5, FC-1, FC-2, FC-3, STK-2, 23D,
MGT-14, 23ACA-XBRL, CG-1, Form 66 and DIR-5 are likely to be revised on MCA21 Company Forms Download page w.e.f 6th December, 2018. Stakeholders
are advised to check the latest version before filing.
LLP New Incorporation related Forms:
As part of process re-engineering of LLP incorporation forms, Form 1,
Form 2, Form 2A, Form 17, Form 18 and Form 5, web-service/revised forms
(RUN-LLP, FiLLiP, Addendum to FiLLiP, Form 17, Form 18 and Form 5) shall be available on portal w.e.f 2nd October 2018. For more details related to specific changes, Please click here Resubmission of LLP Incorporation related forms
• Form 1 and Form 2
(along with Form 17 & Form 18) which are pending processing as on 1st October 2018 shall be marked under resubmission.
• All forms shall be resubmitted by using new service RUN-LLP for name reservation or FiLLiP for incorporation ONLY.
• All names which have been approved and against which incorporation form is not filed, shall be allowed to be used to file form FiLLiP for incorporation.
• All names which have been approved and against which change of name Form 5 is not filed, shall be allowed to be used to file in revised Form 5 only.
As you are aware the last date for filing form DIR-3 KYC without fee has expired on 15th September 2018. The process of deactivating the non-compliant DINs has since been completed and their status has been updated as ‘Deactivated due to non-filing of DIR-3 KYC’. However, the non-compliant DIN holders may file DIR-3 KYC with a fee of Rs.500 (Rupees
Five Hundred Only) from 21st September till 5th October 2018(both days inclusive) to get their DINs reactivated. From 6th October 2018 onwards, a fee of Rs.5000 (Rupees Five Thousand Only) becomes payable for reactivation.
Forms SCP, AOC-4, Addendum, ICP, 23AC-XBRL and ADJ are likely to be revised on MCA21 Company Forms Download page w.e.f 13th SEPTEMBER, 2018. Stakeholders are advised to check the latest version before filing.
1. As per the extant rules, in respect of an individual who is in possession
of Duplicate/Multiple DINs, he can retain the Oldest DIN only. DINs
obtained later have to be surrendered.
Please note that on approval of form DIR-5, all existing/erstwhile associations of the surrendered DIN shall be automatically
mapped to the retained DIN.
2. In respect of an individual with a single DIN, if it is/was once associated with any LLP or Company, it is NOT eligible for surrender. Stakeholders
may kindly take note and plan accordingly.