18/01/2019
COMPLIANCES WITH COMPANIES ACT MADE MORE STRINGENT -
Please find some important Highlights of COMPANIES (AMENDMENT) ORDINANCE , 2019 (w.r.e.f. 02.11.2018)
1. *CERTIFICATE OF COMMENCEMENT OF BUSINESS - MANDATORY* is mandatory now to be obtain within 6 months of Incorporation without which, it can not comment its business activity or borrow money.
(For All companies incorporated On or after 2.11.2018)
2. ROCs power to order INSPECTION OF REGISTERED OFFICE - ROC can strike off a company if the address of Registered Office is *bogus* or incomplete/improper address.
3. Conversion of Public Ltd Co to Pvt Ltd Co. - matters shifted from NCLT to CG.
4. Company cannot issue shares at discount - heavy penalty imposed on violation.(PENALTY + REFUND OF AMONT RECEIVED WITH INTEREST)
5. Alteration of Authorised Capital to be intimated within 30 days, default - penalty Rs.1,000 every day or Rs.5 Lakhs whichever is less.
6. CREATION OF CHARGE filing with ROC- Time limit reduced from 300 days to 60 days( For charges created on or after 2.11.2018.
7. Wrong statement/Suppressionof any information in filing Charge forms with ROC may lead to misrepresentation and JAIL.
8. *ANNUAL RETURN* should be filed within 60 days from AGM, On failure -
Company & Officer in default penalty - Rs.50,000 + Rs.100 per day of continuing default subject to maximum Rs. 5 Lakhs.
9. Penalty of Rs.5 lakh to Company secretary certifying wrong Annual Return.
10. Explanatory statement to be given with Notice of General Meeting (AGM/EGM) must contain all details as required by Law, if no detail/short detail/details are misleading - penalty on Company, Directors, KMP - Higher of Rs.50,000 or 5 timed the amount of benefit
11. Proxy - 'Penalty' in place of 'fine' of Rs.5,000.
12. *Delay in Filing of Resolutions* with ROC- *Very Very costly* now.
Company - Rs. 1 LAKH + PENALTY OF Rs. 500 per day of continuing default - MAX Rs.25 Lakhs.
Officer in default - Rs. 50,000 + PENALTY OF Rs. 500 per day of continuing default - MAX Rs.5 Lakhs.
13.Filing of Balance sheet with ROC within time limit- failure is costly for Company - Rs. 1 LAKH + PENALTY OF Rs. 500 per day of continuing default - MAX Rs.5 Lakhs.
Officer in default - Rs. 25,000 + PENALTY OF Rs. 500 per day of continuing default - MAX Rs.1 Lakh.
14. *Resignation of Auditor* must be filed by the resigning Auditor within 30 days, failure to which the resigning Auditor is liable for penalty of 50,000 + 500 per day.
14. DIRECTOR - DISQUALIFICATION -A director can not become director in more than 20 companies. If he continues, he becomes DISQUALIFIED now.
15. Appointment of CS on payroll (Pvt Co having paid-up capital 5 Crores & above) is mandatory.
Default is now very costly- penalty increased substantially.
16. ROC may STRIKE OFF a company if subscribers have not paid initial share capital after incorporation of a Company within 6 months.
THERE ARE OTHER 17+ IMPORTANT AMENDMENTS MADE THROUGH THE ABOVE ORDINANCE
Regards
Anand Verma
+919999504555