Rectification of Documents filed with ROC.

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

31 December 2009 A private Limited company's Annual Return for the year ended 31st March 2002 contains the following mistakes:

1. in the no. of Shares hold by the Members 2. the name of the transferee is incorrect.
3. The list of Allotee in Form 2 is incorrect.

Can the company rectify those mistakes in the form filled with ROC. What is the procedure. Whether there will be an penalty for it.

CS Vandana Kacholia

CS Vandana Kacholia (Expert)
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31 December 2009 well do revised filing after correction of relevant info. in annual return and you have to pay additional fee for it.

Regards

Querist : Anonymous

Querist : Anonymous (Querist)

31 December 2009 what about regulation 17(2) of the Companies Regulations, 1956 which allows correction of documents filed with ROC.

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CS Vandana Kacholia

CS Vandana Kacholia (Expert)
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31 December 2009 dear as per regulation 17(2)of the companies regulations, 1956 registrar of companies itself give notice to correct the defect and complete the respective form which is in process of approval.

and according to your query, only you can conclude whatever mistakes have been done at the time of filing form 2/ annual return.

Regards

CS. Ashish Shah

CS. Ashish Shah (Expert)
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11 January 2010 Dear,

I agree with Ms. Vandana, you can not rectify the form of your own untill asked by ROC at the stage of Approval only and if the forms have been approved, then even ROC cannot rectify it.

So if the forms are not approve meed the ROC otherwise file revised forms.

Regards,

Cs. Ashish Shah