Companies Act Provisions

NOTE ON DIRECTOR IDENTIFICATION NUMBER (DIN) Power of Central Government has been delegated to the Regional Director, Joint Director, Deputy Director or Assistant Director posted in the office of Regional Directors at Noida, Uttar Pradesh vide notification dated 21 st May, 2014 in respect of section 153 and 154 of the Companies Act, 2013. APPLICATION FOR ALLOTMENT OF DIRECTOR IDENTIFICATION NUMBER (DIN) {Section 153 of the Companies Act, 2013 read with rule 9 of the Companies (Appointment and Qualification of Directors) Rules, 2014} Every individual intending to be appointed as Director in an Indian Company or designated partners of LLP is required to make an application to Central Government for allotment of a unique identification, namely, Director Identification Number (DIN) in the e-form DIR-3 along with the fees. E-form DIR-3 shall be filed with the following documents:   1.       Photograph, 2.       Identity proof 3.       Proof of residenc

FAST TRACK EXIT (FTE) SCHEME FOR LLP APPLICATION BY LLP FOR STRIKE OFF ITS NAME FROM THE REGISTER OF LLP [Rule 37 of the Limited Liability Partnership Rules, 2009] Where a limited liability partnership (LLP) is not carrying on any business or operation since incorporation or for a period of one year or more, shall make an application in Form 24  to the Registrar for striking off its name from the register. But before filing Form 24, the LLP shall file overdue returns in Form 8 and Form 11 up to the end of the financial year in which the LLP ceased to carry on its business or commercial operations. The Form 24 shall be filed with the following attachments: 1.       A Statement of Account disclosing nil assets and nil liabilities, certified by a Chartered Accountant in practice made up to a date not earlier than 30 days of the date of filing of Form 24; 2.       An affidavit individually by the designated partner.        3.       A copy of the acknowl

CONDONATION OF DELAY BY CENTRAL GOVERNMENT IN CASE OF REGISTRATION OF CHARGE (Rectification by Central Government in Register of Charges)  (Section 87 of the Companies Act, 2013 and Companies (Registration of Charges) Rules, 2014) Please Note that Power of Central Government has been delegated to Regional Directors vide notification dated 19 th December, 2016. INTRODUCTION As per section 87 of the Companies Act, 2013, where the instrument creating or modifying a charge is not filed within a period of 300 days from the date of its creation or modification and where the satisfaction of the charge is not filed within 30 days from the date on which such payment of satisfaction, the Registrar shall not register the same unless the delay is condoned by the Regional Directors. The  Regional Directors  on being satisfied that- 1.       The particulars of registration of Creation/modification/satisfaction of charge could not be filed with the Registrar within the time, or

NOTE ON REGISTRATION OF CHARGE (Section 77 to 87 of the Companies Act, 2013 and the rules made there under) REGISTRATION OF CREATION OR MODIFICATION OF CHARGE It shall be the duty of every company creating or modifying a charge within or outside India, on its property or assets or any of its undertakings, whether tangible or otherwise, and situated in or outside India, to register the particulars of the charge signed by the company and the charge-holder together with the instruments, if any, creating or modifying such Charge in e-Form CHG-1 (For other than Debentures) or e-Form CHG-9 (for Debentures including ratification) along with the fees with the Registrar within 30 days of its creation or modification. Where the particulars of Creation of charge is registered with the Registrar he shall issue a certificate of registration of such charge in Form CHG-2 . Where the particulars of modification of charge is registered with the Registrar, he shall issue a certificate of