COMPANIES (SHARE CAPITAL AND DEBENTURES) AMENDMENT RULES, 2022

On 4th May, 2022 MCA has issued a notification to insert Declaration in Form SH-4 (Security Transfer form).

 

The notification reads as below:

 

 

MINISTRY OF CORPORATE AFFAIRS

NOTIFICATION

New Delhi, the 4th May, 2022

 

G.S.R. 335(E). —In exercise of the powers conferred by sub-section (1) and (3) of section 56 read with sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Share Capital and Debenture) Rules, 2014, namely:-

 

1.                Short title and commencement. _ (1) These rules may be called the Companies (Share Capital and Debentures) Amendment Rules, 2022.

               (2) They shall come into force from the date of their publication in the Official Gazette.

2.                In the Companies (Share Capital and Debentures) Rules, 2014, in the Annexure, in Form No.SH-4, before the Enclosures, the following declaration shall be inserted, namely.-

 

“Declaration:

•                  Transferee is not required to obtain the Government approval under the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 prior to transfer of shares; or

•                  Transferee is required to obtain the Government approval under the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 prior to transfer of shares and the same has been obtained and is enclosed herewith.”.

 

 

[F. No. 1/04/2013-CL-V, Part-IV]

MANOJ PANDEY, Jt. Secy.

 

Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, section 3, sub- section (i), vide number G.S.R. 265 (E), dated the 31st March, 2014 and last amended vide number G.S.R.113 dated the 11th February, 2021.

 

 

You can access the Notification in https://egazette.nic.in/WriteReadData/2022/235529.pdf

 

 

 

For more details you can contact us

 

email: dcsadvisors@gmail.com

Mobile: 9019421726

 

 

 

MCA AMENDMENT - INCREASE IN ADDITIONAL FEES UP TO 18 TIMES OF NORMAL FEES

MCA has come up with notification dated 11.01.2022 to amend the Companies (Registration Offices and Fees) Rules, 2014.

 

They shall come into force with effect from 1^st July, 2022.

 

By amending the said Rules, additional fees for delay in filing the forms will be levied up to a maximum of 18 times the normal fees in certain cases.

 

The following table contain the details of additional fees and higher additional fees (in certain cases) applicable for delay in filing the forms.

 

S.no	Period of delay	Additional fee as a multiple of normal fees	Higher additional fee as a multiple of normal fees (for certain cases)
1.	Upto 15 Days   Section 139 – Appointment of auditor Section 157- Company to inform Director Identification Number	One time of normal fee
2.	More than 15 days and upto 30 days  (For Section 139 – Appointment of auditor Section 157- Company to inform Director Identification Number)   And upto 30 days for remaining forms	Two Time of normal filing fees	3 times of normal filing fee
3.	More than 30 days and upto 60 days	4 times of normal filing fee	6 times of normal filing fee
4.	More than 60 days and upto 90 days	6 times of normal filing fee	9 times of normal filing fee
5.	More than 90 days and upto 180 days	10 times of normal filing fee	15 times of normal filing fee
6.	Beyond 180 days	12 times of normal filing fee	18 times of normal filing fee

Exceptions: the details of above table relating to additional fees and higher additional fee is not applicable to:

 

Ø  increase in nominal share capital i.e., Form SH-7

Ø  Forms under section 92/137 of the companies Act, 2013 (92 – Annual Return and 137 – copy of financial statement to be filed with Registrar – Annual Filing forms)

 

Note:

1.      Higher additional fees shall be payable, if there is a delay in filing Form INC-22 or Form PAS-3, as the case may be, on 2 or more occasions, within a period of 365 days from the date of filing of last such belated form for which additional fees or higher additional fees, as the case may be, was paid.

 

2.      Wherever higher additional fees is payable, additional fees shall not be charged.

 

3.      INC-22 or PAS-3 filed prior to 01.07.2022 shall not be reckoned for the purpose of determining higher additional fees

 

Link for MCA Notification:

https://www.mca.gov.in/bin/dms/getdocument?mds=%252FwqhpSXC6%252BFxaMTdJJWnnA%253D%253D&type=open

 

For more details you can contact us

 

email: dcsadvisors@gmail.com

Mobile: 9019421726

 

 

Author:

 

TEAM DCS ADVISORS LLP

 

Disclaimer:

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