Filing of form 5 inv

Dear Sir,

I had also faced similar problem in my company. File Form 5INV &  disclosing the amount of Share Application money received will become due for transfer to Investor Education and Protection fund.Even if you are keeping application for allotment of shares then also you have to file the form as you had not alloted shares and will be alloting shares at a future date.

Link for the Same : https://www.iepf.gov.in/IEPF/services.html

Steps are as follows :

Steps sequentially to file statement of investor-wise unclaimed and unpaid amounts

1. Install the Pre-requisite Software's to proceed. To know and install the same click on 'Prerequisite Software' link
2. Download Form 5 INV.
3. Fill the form according to the instructions given in its instruction kit
4. Upload the filled form on the IEPF portal
5. After the Form 5- INV is filled and uploaded on the MCA21 portal, you are required to provide the investor wise details of unclaimed and unpaid amount in an excel file
6. Download the excel template from the IEPF Portal
7. Fill in the excel template with investor-wise detail. Refer the read Me instruction provided in the excel template
8. Upload the excel file with investor-wise details of unclaimed and unpaid amounts
9. After all the details are uploaded confirm upload of unclaimed and unpaid amount details

Regards,

Pranit

Dear Pranit,

Thanks for ur reply.

But in XCEL sheet what should be the date of refund where as I have to allot the shares.

Thanks

Section 205C(2)(b) requires share application money due for refund to be transferred to the Fund.  You can argue that the money was not due for refund.  You are advised to make allotment immediately, file Form 2 and then  reply to MCA accordingly.

Pl read Proviso to Sec.205C(2) carefully.  The period of seven years is to be counted 'from the date they became due for payment' and not from the date of acceptance of money.  Share application money will not be due for refund on the date of acceptance itself.  When it will be due for refund will depend upon the circumstances of each case and the arguments put forth by the company.  For example, if company receives share application money for 100 shares and the Board makes allotment of 50 shares only, application money for remaining 50 shares will become due for refund on the date of Board meeting.  If no allotment is made, and unreasonable period has not lapsed, you can argue that it is not due for refund. 

pls help. ours is a private limited company share application money recd in 2011-12. refunded back in 2013-14. recd notice from MCA on non filing of form 5INV.

what to do

Dear All,

Please advice. A Pvt Ltd Co. has received the same notice as you all stated above.

It has Share Application Money Pending for Allotment in the Balance Sheet as on 31.03.2013.

They are not due for refund as they are ready to allot the shares immediately to shareholders. (Husband & Wife both are directors as well as Share holders).

We dont want to show back-dated allottment as it will attract late fees.

What is your advice? What should we do?

Should we do allotment first and reply to ROC accordingly?

Form 5 INV will be filed 1st or Excel sheet will be uploaded 1st.

Regards,

Sourabh Jain

Hi all,

I have received same kind of notice from ROC.

In my case, The application money has been kept pending for allotment of shares for more than 7 years. They are since 1999. On 31st March, 2014 the Company allotted shares to the person. Afterwards, the Company now receives notice to upload the details of such application money on site. Please advise what should I do? Because as on date, there is no application money pending to allot and which were pending since 1999 are alloted on 31st March, 2014.

Please advise.