Regarding charge creation for a private company

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

25 November 2013 We filed Form-8 of the company at a delay of 5 months 27 days ,and the status of the form -8 is pending for Form-21,should we file a from 24AAA and form 61 or form 21, kindly tell us the exact procedure and tell us what is the order of filing the forms mentioned.

Ajay Mishra

Ajay Mishra (Expert)
Follow

25 November 2013 Hi

Firstly you file Form-24AAA with ROC. After getting order you will file Form-21 with ROC attaching CLB order.

Ajay Mishra

Ajay Mishra (Expert)
Follow

25 November 2013 Condonation of Delay for Delayed Filing of Form 8 / Form 17 Procedures under The Companies Act
Now condonation of delay for late filing of Form 8 and form 17 under the Companies Act, 1956, requires a petition to be filed with Regional Director, Ministry of Corporate Affairs and earlier the same was required to be made to Company Law Board. The procedure for making the petition for condonation of delay under Section 141 of the Companies Act, 1956 is given below.
1. Call for a board meeting to decide to file a petition under Section 141 for condonation of delay in respect of form 8 and form 17 filed after due date. Form 8 can be filed within 30 days from the date of creation or modification and if it is not possible additional period of 30 days is allowed that is within 60 days and in case of Form 17 within 30 days from the dated of satisfaction of charge.
2. In the Board meeting authorize the Practicing Company Secretary / Practicing Chartered Accountant to appear on behalf of the company.
3., File 8 / Form 17 with ROC. One time filing fees will be required to be paid and remark will be appearing challan of the Form 8 / Form 17 regarding number of delays.
4. Prepare a petition for condonation of delay. A format of the petition is annexed.
5. Reason for the delay must be specific. Don’t mention that mistake is made inadvertently. Please specify that the officer entrusted with the work left the company or some other specific reason.
6. Prepare the petition and file it with form 24AAA. Form 24AAA is filing of form with Regional director. The charges for filing form is Rs. 1000/-
7. File Form 61 and file it with ROC. The charges for filing form is depending upon the Authorised Share Capital of the Company varying from Rs. 200 to Rs. 500
8. The petition is required to be enclosed with the following documents. There is no need to file any demand draft along with the petition.
• Certified copy of Form 8 filed along with challan
• MOA and AOA copy
• Copy of the Board resolution
• Copy of Form 61 along with challan
• Copy of form 24AAA
• Memorandum of Appearance in case it is filed by a Practicing Professional.
• An affidavit verifying the petition on a non judicial stamp paper Rs. 20 which is notarized shall be attached.

9. The petition has to be filed with the Regional Director with the Regional Office of the Ministry of corporate Affairs in the jurisdiction where the existing registered office is situated.

Upgrade to CAclubindia Pro. Subscribe Now!

Ajay Mishra

Ajay Mishra (Expert)
Follow

25 November 2013
FORMAT OF BOARD RESOLUTION:

XYZ PRIVATE LIMITED

6, GANDHIJI STREET,................India
——————————————————————–
TRUE EXTRACT OF THE RESOLUTIONS PASSED BY THE DIRECTORS AT THEIR MEETING HELD ON Tuesday, 12-03-2013 AT 10.00 A.M AT THE REGISTERED OFFICE OF THE COMPANY
RESOLVED THAT the consent of the Board of Directors be and is hereby given to Mr. AAA, Managing Director or Mr. BBB Practicing Company Secretary, having his Office at Flat B, Brindha Flats, Old No. 27 New No. 67, Nethaji Street, West Mambalam Chennai – 600033 who shall be severally authorized to do the following:
1. Prepare, sign and submit petition u/s 141 of the Companies Act, 1956 and such other documents, applications, affidavits, Memorandum of Appearance as may be required by the Regional Director, Southern Region, Department of Corporate Affairs, Chennai-600006.
2. Make any alterations, corrections, additions, deletions, modifications in the aforesaid petition and documents as may be necessary for the effective admission of the petition, application etc.
3. Represent in person or through attorney before the Regional Director , Southern Region, Ministry of Corporate Affairs, Chennai, on behalf of the company and make such submission, written and/or oral as may be deemed expedient and in the interest of the company.
4. To agree on behalf of the Company to implement any directions as may be imposed by the said petition, application etc.
5. To collect the order from the Regional Director, Southern Region, Ministry of Corporate Affairs, Chennai, on behalf of the company with or without any payment as may be directed by the Regional Director, Southern Region, Ministry of Corporate Affairs, Chennai 600006.
6. To do all other acts, deeds and things as may be necessary in this regard.

For XYZ PRIVATE LIMITED

MANAGING DIRECTOR
————————————-

Querist : Anonymous

Querist : Anonymous (Querist)

26 November 2013 Thank you sir, It is very useful...