ANNUAL RETURN UNDER COMPANIES ACT 2013

-
All types of company, whether having share capital or mandatorily required to file the annual return. Annual return shall contain the particulars as they stood on the close of the finacial year and not on the date of the Annual General Meeting.

Signing of Annual return:

Annual return is required to be signed by one director along with company secretary and where there is no company secretary by a company secretary in whole time practice.
In relation to one person company and small company, the annual return shall be signed by the company secretary or where there is no company secretary, by the director of the company.

Certification:

In case of the listed company ( irrespective of paid up share capital or turnover) or by a company having paid up share capital of 10 crore rupees or more or turnover of 50 crore rupees or more, the annual return shall be certified by a company secretary in practice and certificate shall be in Form MGT 8. Thus, certification of annual return applies to both unlisted companies as well as listed company.

 Documents to be checked:

  1. Statutory registers maintained as per Companies Act 2013
  2. Minutes maintained as per companies Act 2013
Filing of annual return with registrar:

Every company shall file with the registrar a copy of the annual return in MGT 7 within 60 days from the date on which the Annual General Meeting is held or where no Annual General Meeting is held in any year within 60 days from the date on which Annual General Meeting should have been held together with the statement specifying the reason for not holding Annual General Meeting with such fees for additional fees as we prescribe.


Comments

Post a Comment

Please do not enter any spam link in the comment box

Popular posts from this blog

New form MGT-6 w.e.f. July 15, 2024

-
Image
Only a natural person can be a beneficial owner while reporting e-form MGT-6? It seems so from MCA recent notification on this. MCA has introduced new MGT-6 e-form (" MGT-6 ") on 15th July 2024 which is web-based form. The purpose of MGT-6 is to report details of persons who is registered owner and beneficial owner respectively by a company. There are scenarios where there is a need to file this MGT-6. One of such scenarios is when a company incorporates wholly owned subsidiary (Say, private limited company). This means total shares held by holding company. But, you may know that minimum two members are required in a private limited company. So in such case, holding company nominates a person (say, its employee) to hold share for such statutory requirement whereas beneficial interest in such share is held by holding company only. So, this is a brief background of MGT-6. There are two attachments to this MGT-6 which are submitted to a company: MGT-4 : This is submitted by reg...
Read more

CLOSE WATCH OVER INVESTMENT FROM CHINA-DECODED-CS ROHIT KUMAR

-
Image
As we are aware that after COVID-19 share prices of most of Indian Companies are trading at very low price and China wants to acquire shares of such companies at low price to control most of Indian Companies. Therefore, Government of India has reviewed the extant FDI policy for curbing opportunistic takeover/acquisitions of Indian companies and accordingly amended para 3.1.1 of Consolidated FDI Policy 2017. REVISED POSITION : A non-resident entity can invest in India, subject to the FDI Policy except in those sectors/activities which are prohibited. However, an entity of a country, which shares land border with India or where the beneficial owner of an investment into India is situated in or is a citizen of any such country, can invest only under the Government route. Further, a citizen of Pakistan or an entity incorporated in Pakistan can invest, only under the Government route, in sectors/activities other than defence, space, atomic energy and sectors/activities prohibited for fore...
Read more

AYODHYA JUDGEMENT-SUMMARY

-
Image
Ayodhya judgement resolved the long pending tussle  between Hindus and Muslims. Resolving this religious fight was not an easy task for Hon'ble Supreme Court (" SC "). Drawing  evidences from the muted history were the most herculean task for the SC, though observations of High Court was very much helpful for the SC to end this religious fight which started from 1856-7 . Writing crux of this judgement was not any easy task for me as well because this judgement spreaded over 1045 pages   and discussed numerous issues  and when I was reading and making summary, the problem before me was what to include or what not? But to reduce this judgement into readable strength, I mainly focused on core question which was the bone of contention.  Further, for the sake of authenticity I have written page numbers of this judgement against paragraphs ( wherever required ) so that you can cross-verify or read in detail if you feel so. The bone of contention before the SC was...
Read more