Companies Act, 2013 compliance calendar for December 2020
Compliance Requirement Under Companies Act, 2013 and Rules made thereunder for the month of December 2020 are as follows-
|Due Dates||Compliance Particulars||Forms / Filing mode|
|Within 180 Days From The Date Of Incorporation Of The Company + An additional time of 6 more months shall be allowed by MCA (6+6 months)||As per Section 10 A (Commencement of Business) of the Companies Act, 2013, inserted vide the Companies (Amendment) Ordinance, 2018 w.e.f. 2nd November, 2018, a Company Incorporated after the ordinance and having share capital shall not commence its business or exercise any borrowing powers unless a declaration is filed by the Director within 180 days from the date of Incorporation of the Company with the ROC.||MCA E- Form INC 20A (one time compliance) (also covered under CFSS, 2020)|
|First declaration within 90 days from the date of notification Dt. 08.02.2019||A person having Significant beneficial owner shall file a declaration to the reporting company http://www.mca.gov.in/Ministry/pdf/CompaniesOwnersAmendmentRules_08020219.pdf i.e. within 90 days of the commencement of the Companies (Significant Beneficial Owners) Amendment Rules, 2019 i.e. 08.02.2019 In case Subsequent Acquisition of the title of Significant Beneficial Owner / Any Change therein a declaration in Form No. BEN-1 required to be filed to the reporting company, within 30 days of acquiring such significant beneficial ownership or any change therein.||Form BEN-1|
|31.12.2020 (Due Date Extended as covered under CFSS 2020 Scheme||Filing of form BEN-2 under the Companies (Significant Beneficial Owners) Rules, 2018. (Within 30 days from deployment of the E –form (earlier the date of receipt of declaration in BEN-1 ) BEN -2 due date extended till 31.03.2020||Form BEN – 2 (e-form deployed by Ministry (ROC)) on 01.07.2019|
|File between 01.04.2020 to 31.12.2020 without any Additional filing fee (Rs. 10,000/-)||Filing of the particulars of the Company & its registered office. (by every company incorporated on or before the 31.12.2017.)||Active Form INC -22A|
|File between 01.04.2020 to 31.12.2020 without any Additional filing fee (Rs. 5,000/-)||*DIN KYC through DIR 3 KYC Form is an Annual Exercise. Last date for filing DIR-3 KYC for Financial year 2018-19 has been extended till 14th November 2019 Penalty after due date is Rs. 5000/-(one time)||E-Form DIR – 3 KYC (Web Based and E-form)|
|within 60 days from the date of deployment of this form on the website of the Ministry.||Reconciliation of Share Capital Audit Report (Half-yearly) Pursuant to sub-rule Rule 9A (8) of Companies (Prospectus and Allotment of Securities) Rules, 2014 To be filed all unlisted companies, deemed public companies Till further clarification to be filled in GNL-2 Applicable w.e.f. 30.09.2019||E-Form PAS – 6 Available w.e.f. 15.07.2020 (ICSI Representation sent to the ministry to include PAS-6 into CFSS)|
|Within 270 days from the date of deployment of this Form||Annual Return To Be Filed By Auditor With The National Financial Reporting Authority||NFRA-2 (NFRA-2 e-Form live since 9th December 2019.)|
|Due date was 30.06.2020 and can be filed till 31.12.2020 under Moratorium period / CFSS||DPT 3 is a return of deposits that companies must file to furnish information about deposits and/or outstanding receipt of loan or money other than deposits. Company can file Form DPT-3 upto 31.12.2020 without any additional fee||DPT-3|
|Due date is 30.11.2020 and can be filed till 31.12.2020 under Moratorium period / CFSS||IEPF Authority (Accounting, Audit, Transfer and Refund) Second Amendment Rules, 2019 Statement of unclaimed and unpaid amounts||IEPF -2|
|On or before 31.12.2019||Statement of Amounts credited to Investor Education and Protection Fund Pursuant to Rule 5(4A)||IEPF Form – 1A|
Due dates of LLP Return Filing
- LLP Form 8 (Statement of Account & Solvency) on or before 31.12.2020 (due date is 31.10.2020 and extended as per Modified LLP Settlement scheme, 2020)
- The charge details i.e. creation, modification or satisfaction of charge, can be filed through Appendix to e-Form 8 (Interim)
- Form LLP -8 can be filed after due date with a penalty of Rs. 100/- per day till the filing is completed.
Due dates of ROC Annual Return Filings
|Sl. No.||Particulars||Due Date||E- Form|
|1||Appointment of Auditor||Within 15 days from the conclusion of AGM (ratification at every annual general meeting is not mandatory)||ADT-1|
|2||Filing of financial statement and other documents with the ROC||With in 30 days from the conclusion of the AGM, other than OPC (In case of OPC within 180 days from the close of the financial year)||AOC-4|
|3||Filing of annual return by a company.||With in 60 days from the conclusion of AGM||MGT-7|
|4||Filing of Cost Audit Report with the Central Government||With in 30 days from the receipt of Cost Audit Report Extension notification: Click here||CRA-4|
|5||Filing of Resolutions and agreements to the Registrar||Within 30 days from the date of Board Meeting.||MGT-14|
Key Updates under Companies Act, 2013
1. Extension of LLP Settlement Scheme, 2020
In continuation to this Ministry’s General Circular No. 13/2020 dated 30.03.2020 and in the General Circular No. 31/2020 dated 28.09.2020 the scheme was extended till 31st December 2020, in view of large scale disruption caused by the COVID-19 pandemic and after due examination, it has been decided to extend the date on applicability to defaulting LLP and therefore, in serial number 3, para 8A, sub-para (iii) of the said circular dated 30.03.2020 belated documents due for filing till 30th November 2020 shall be substituted. All other requirements provided in the said circulars shall remain unchanged.
If a statement of account and solvency for the financial year 2019-2020 has been signed beyond the period of six months from the end of financial year but not later than 30th November, 2020, the same shall not be deemed as non-compliance.
2. MCA Monthly Update Calendar: NOVEMBER, 2020
|Sl. No.||Particulars of the Circulars||Link|
|1||Engagement of Young Professionals (YPs) in Ministry of Corporate Affairs on contract basis||Click here|
|2||Extension of LLP Settlement Scheme, 2020 All LLP having belated documents due for filing till 30th November 2020.||Click here|
|3||Corrigendum: Filing of Immovable/ Movable Property Return by officers/ officials.||Click here|
|4||Office Memorandum: Filing of Immovable/ Movable Property Return by officers/ officials.||Click here|
|5.||Invitation of applications for post of General Manager in Investor Education and Protection Fund Authority established under Section 125 of Companies Act, 2013.`||Click here|
|6.||Relaxation of additional fees and extension of last date of filing of CRA-4 (form for filing of cost audit report) for FY 2019-20 under the Companies Act, 2013||Click here|
The author of the above article is CS Lalit Rajput, Partner at Xcede Consultech LLP.
Email id: [email protected]
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