January 25, 2023
Summary of the Notifications issued by MCA on 19/01/2023 and 20/01/2023
These notifications are integrated in our free-to-use website ca2013.com.
Revision of e-forms MR-1 and MR-2 under Companies (Appointment and Remuneration of Managerial Personnel) Amendment Rules, 2023
- MR-1 (Return of appointment of managerial personnel)
The form is amended to capture additional information such as residential status of the appointee and Central Government’s approval and has dispensed with attaching documents like resolutions/approvals and consent from the appointee.
- MR-2 (Form of application to the Central Government for approval of appointment of managing director or whole-time director or manager)
The form is amended to capture additional information such as type of company (public/private etc), listing details, IBC application details and has dispensed with providing details of financial parameters and managerial remuneration.
The requirement to attach the documents like effective capital/estimated profit/turnover projection/excess remuneration paid calculation, Sec 196 Compliance certificate, certificate of no default on debts, agreements with the appointee and other appointee details have been dispensed with.
Click here to view the MCA Notification on Companies (Appointment and Remuneration of Managerial Personnel) Amendment Rules, 2023
Revision of e-forms PAS-2, PAS-3 and PAS-6 under Companies (Prospectus and Allotment of Securities) Amendment Rules, 2023
- PAS-3 (Return of Allotment)
The form is amended to capture:– Key information on the valuation report- Name of the valuer, Method of valuation, Valuation amount and others.– Details of securities allotted in case of conversion- Class, number and total amount of securities allotted and conversion terms.The requirement to attach Board or Shareholders Resolution has been dispensed with.
PAS-6 (Reconciliation of Share Capital Audit Report (Half-yearly))The form is amended to capture details of shares in each class- Type of security, Class of shares and ISIN. Further, the requirement to furnish details with respect to excess dematerialized shares during the previous half year has been dispensed with.
MCA notifies Companies (Registration Offices and Fees) Amendment Rules, 2023
Revision of forms GNL-2, GNL-3 and GNL-4
- GNL-2 (Form for submission of documents with the Registrar) can now be filed for submitting documents as mentioned below:
– Circular or Circular in the form of Advertisement inviting Deposits in DPT-1
– Final Report on Completion of liquidation process by Liquidator
– Affidavit under Section 59 of the Insolvency and Bankruptcy Code, 2016
The form is amended to also capture details pertaining to advertisement inviting deposits and Act under which the document is being filed.
Further, the Audited financial statements & record of business operations along with valuation report are to be attached to the form.
- FC-1 (Information to be filed by Foreign Company)
Facility to obtain details of the Director or secretary of the Foreign Company from ‘Digilocker’ has been enabled in the form.
- FC-2 (Return of alteration in the documents filed for registration by foreign company)
Facility to obtain details of the Authorised Representative of the Foreign Company from ‘Digilocker’ has been enabled in the form.
The form is amended to also capture:
– Details of permission obtained from authority for setting up office in India
– Particulars of the director or secretary for whom appointment is to be filed
Further, the following documents are to be attached to the form:
– Copy of intimation filed with RBI
– Audited financials till date of closure and detail of authorised representatives appointed and ceased since establishment till the date of closure in tabular form with challan numbers
- FC-4: (Annual Return of Foreign Company)
The form is amended to also capture:
– Address of the place in India where part of the Register of members or debentures is kept in India
– Details of the person falling under section 379(2) of the Companies Act, 2013
Click here to view the MCA Notification on Companies (Registration of Foreign Companies) Amendment Rules, 2023
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