Anchal talwar (Company Secretary) (113 Points)
01 September 2011Hello members
I have to file F-21(For CLB order for delay in filing F-8).
In pt. no. 6 of F-21 says
"Number of days within which order is to be filed with Registrar"
Can somebody tel me this...is it 60 or 30 days???I am not able to find any supportive text for this.Plz provide.
Thanks in anticipation
Anchal
Rashmi
(CA)
(83 Points)
Replied 01 September 2011
Hello,
Its 60 days from the dt of charge creation.
pls click the below link for ref.
https://www.mca.gov.in/MCA21/dca/help/instructionkit/1047-Form8_help.PDF
vignesh
(student)
(783 Points)
Replied 01 September 2011
Yes Rashmi is correct. The e-Form 8 can be filed within 60 days to avoid condonation of delay in filing from the date of creation charge. There is no additional fee levied by the RoC for the first thirty days and after the thirty days when we file e-Form 8 there is an additional fee upto 2 times from the normal fee. For Eg. e-Form 8 filed after thirty days normal fee is Rs.500 + additional fee is Rs.1000, total Rs.1500.
Sameer C. Patil
(Compliance Professional)
(44 Points)
Replied 02 September 2011
Hi Anchal,
Since Form 21 is used to Notify the RoC about the Order pased by either of the following - Court, CLB, RD or other competent authority; the information required to be filled-in at point no.6 i.e. the number of days within which order is to be filed with the Registrar, differs from case to case and is generally mentioned in some of the last paras of the Order.
In your case, since the matter is pertaining to condonation of delay in filing Form 8, generally the time given is 60 days from the date of passing the Order. I would suggest to have a look at the last para (if it is one para Order then the last or second last sentence), you will get the number of days within which the Order is to be notified to the RoC.
Anchal talwar
(Company Secretary)
(113 Points)
Replied 02 September 2011
Hello Sir
Thank you for your reply....sir could you plz tel me where it is written.i am not able to find any supported text for the same.
Secondly, no. of days are not specified in the order.That is why i wanted to confirm the days
CS Shivi Reddy
(COMPANY SECRETARY)
(175 Points)
Replied 03 September 2011
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 03 September 2011
Dear Anchal ji,
This shall be entered in pursuance to aforesaid sections or in terms of court order or CLB order or order of the competent authority, as the case may be. In case the section or the CLB order or Court order does not provide for the number of days within which order is to be filed, then the form should be filed at the earliest.
Enter the date of application to court or CLB or the competent authority for issue of certified copy of order and the date of issue of certified copy of order. In case no application is required to be made; then enter the date of passing the order as the date of application. Ensure that you enter the correct details as based on the same, system will automatically display the due date by which order is to be filed with Registrar.
In case the form is being filed after the due date, then in such case, it shall be required to get the delay condoned and thereafter file the order for condonation of delay in another eForm 21.
Please note that this form cannot be approved unless an eForm 21 (filed for condonation of delay) having SRN of this form has been approved.
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