Companies Act, 2013 compliance calendar for October 2020

Companies Act, 2013 compliance

Compliance Requirement Under Companies Act, 2013 and Rules made thereunder for the month of october 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. CLICK HEREMCA 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 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 ) CLICK HERE BEN -2 due date extended till 31.03.2020 Circulars Link: CLICK HEREForm 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.) Due date extended- Link : CLICK HERE    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 CLICK HERE CLICK HERE Annual Exercise: CLICK HERE 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 Extension Notification:  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 CLICK HERE CLICK HERE Click Here  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 / CFSSDPT 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

Important Updates under Companies Act

The Companies Amendment Act, 2020

The Companies Amendment Act, 2020 is being introduced with an aim to promote greater ease of doing business by decriminalizing various non compoundable offences in case of defaults made under the Companies Act, 2013 and rules made there under. 

The Bill was passed on 19th September , 2020 in the Lok Sabha with 72 changes made in  65 sections and decriminalization of certain offences under Companies Act,  2013. The Companies (Amendment) Bill, 2020 was passed in the Rajya Sabha on 22nd September, 2020. On 28th September, 2020- Received the assent of the President & published in the Gazette of India by Ministry Of Law And Justice (Legislative Department) and become an Act called “The Companies (Amendment) Act, 2020”.

Copy of the Companies (Amendment) Act, 2020 is available at: Click here

MCA Monthly UPdate Calendar: September- 2020

  Sl. No.    Particulars of the Circulars  Link
1Extension of Companies Fresh Start Scheme, 2020 till 31.12.2020Click here
  2Extension of time- LLP Settlement Scheme, 2020 till 31.12.2020Click here
  3Extension of time – Scheme for relaxation of time for filing forms related to creation or modification of charges under the Companies Act, 2013-.  Click Here
  4Extension of time for EGM through Video Conference (V)C or Other Audio Visual Means (OAVM) or passing of certain items only through postal ballot without convening general meeting –  Click here
5.Independent Directors Registration date Extended till 31.12.2020: The Ministry of Corporate Affairs has also extended the time within which Independent Directors of companies have to register themselves on the databank maintained by the IICA from 30.09.2020 to 31.12.2020.  Click here
6The timeline for receiving the proposals for Research studies on Corporate Governance has expired. It will be informed when applications are being accepted again.  Click here
7MCA update on Extract on Annual Return (MGT – 9)Click here
8the Companies (Acceptance of Deposits) Amendment Rules, 2020.Click here
9Relaxation 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
10AGM Extension orders Uploaded for various ROC’sClick here
11Extension of deadlines for various compliances under Companies ActClick here
12SPICe+ Portal deployed by MCAClick here
13Relaxation/concession provided to Companies/LLPs during Lockdown period to combat COVID-19  Click here
14Extension of deadlines for various compliances under Companies ActClick here

The author of the above article is CS Lalit Rajput, Partner at Xcede Consultech LLP.
Email id: [email protected]

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