Query For Revised Return of Allotment of Shares
CA Jimmit D Mehta (Employed) (494 Points)
31 January 2011CA Jimmit D Mehta (Employed) (494 Points)
31 January 2011
Shridhi Jain
(Company Secretary)
(1678 Points)
Replied 31 January 2011
File form 2 again and write a letter to ROC for nullifying the effect of the form 2 previously filed.
Mitali Agarwal
(Company Secretary)
(638 Points)
Replied 31 January 2011
There is no provision of filing revised Form 2.
Revised Form 2 filed by you will be taken by ROC as fresh Form 2 and thus paid up capital will be further increased.
You can talk to ROC people personally regarding mistake in Form 2.
Mitali Agarwal
(Company Secretary)
(638 Points)
Replied 31 January 2011
And then after consulting ROC officials, you can file revised Form 2 attaching therewith letter requesting for correction of mistake done and also Board Resolution.
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 31 January 2011
Agree with the above views.... there is no option too... you have to file revised form 2 and attach with it the reasons for filing this form.
cs ashwini kumar
(Company Secretary in Practice)
(173 Points)
Replied 31 January 2011
Hi everybody !
I have followed the procedures, reproduced herein below , for my client. If you feel appropriate, may follow the same.
Best Regards
CS Ashwini Kumar
NEXT STEPS
S.No. |
Steps forward |
Documents/Letters required |
E-Forms/other communication |
1. |
Board meeting |
Meeting of the Board of Director be convened to note the error in reporting of allotment of shares, and also authorizing the company to take necessary steps for rectification of the same. |
|
2. |
Intimation to the RoC through e-filing of Form – 61. |
(i) Filing of Form 61 with the RoC intimating the RoC about the inadvertent error in Form 2 that has already been filed and approved.
(ii) Along with Form 61, a letter will have to be sent to the RoC (along with a copy of the resolution of the Board of Directors as mentioned in paragraph (i) above), stating the error, and further requesting the RoC to cancel the previous Form 2 which have already been filed with the RoC and approved.
The documents mentioned in paragraph (ii) will have to be attached to Form 61 proposed to be filed with the RoC. |
e. Form – 61 |
Ronak
(Trainee)
(126 Points)
Replied 02 February 2011
Originally posted by : cs ashwini kumar | ||
Hi everybody ! I have followed the procedures, reproduced herein below , for my client. If you feel appropriate, may follow the same. Best Regards CS Ashwini Kumar NEXT STEPS S.No. Steps forward Documents/Letters required E-Forms/other communication 1. Board meeting Meeting of the Board of Director be convened to note the error in reporting of allotment of shares, and also authorizing the company to take necessary steps for rectification of the same. 2. Intimation to the RoC through e-filing of Form – 61. (i) Filing of Form 61 with the RoC intimating the RoC about the inadvertent error in Form 2 that has already been filed and approved. (ii) Along with Form 61, a letter will have to be sent to the RoC (along with a copy of the resolution of the Board of Directors as mentioned in paragraph (i) above), stating the error, and further requesting the RoC to cancel the previous Form 2 which have already been filed with the RoC and approved. The documents mentioned in paragraph (ii) will have to be attached to Form 61 proposed to be filed with the RoC. e. Form – 61 |
Hi Mr. Ashwini,
Going by the steps provided by u it seems that the revised attachments has to be filed along with form 61 and v need not file form 2 again. Plz guide.
Rgds, Ronak
cs ashwini kumar
(Company Secretary in Practice)
(173 Points)
Replied 02 February 2011
I am sorry, I couldn't attach the complete steps
S.No. |
Steps forward |
Documents/Letters required |
E-Forms/other communication |
1. |
Board meeting |
Meeting of the Board of Director be convened to note the error in reporting of allotment of shares, and also authorizing the company to take necessary steps for rectification of the same. |
|
2. |
Intimation to the RoC through e-filing of Form – 61. |
(i) Filing of Form 61 with the RoC intimating the RoC about the inadvertent error in Form 2 and Form 23 that has already been filed and approved.
(ii) Along with Form 61, a letter will have to be sent to the RoC (along with a copy of the resolution of the Board of Directors as mentioned in paragraph (i) above), stating the error, and further requesting the RoC to cancel the previous Form 2 which have already been filed with the RoC and approved.
The documents mentioned in paragraph (ii) will have to be attached to Form 61 proposed to be filed with the RoC. |
e. Form – 61 |
3. |
e-filing of Form – 2 with the ROC, MCA [revised with correct facts and figures] |
Apart from correct list of allottees and Board Resolution for allotment of shares, a copy of latest Board resolution along with a covering letter mentioning the detailed facts will have to be filed as an attachment with the revised Form 2.
|
e-Form – 2 [Revised] |
Kavitha
(Company Secretary)
(178 Points)
Replied 28 October 2011
Dear Mr. Ashwin,
Please clarify if we have to file the e-form 2 only after the e-form 61 is approved?
CS GK Murty
(Company Secretary)
(225 Points)
Replied 09 May 2012
Simply submit the revised return in form no. 2 with necessary modifications and upload the same in MCA21. Since you are keeping the issued, subscribed and paid up capital figures intact as was mentioned in the previous return, no question of giving double effect on filing revised return in form-2. But bear in mind the allotment date should be same as was mentioned in the previous return filed with an error.
Rohit Agarwal
(Company Secretary)
(143 Points)
Replied 18 May 2012
Dear Ashwin Sir,
Is it necessary that the above matter be considered at a duly convened BM or can we also do it by resolution by circulation. Please advise.
Thanks
Rohit
ARUN KUMAR MAITRA
(Practicing Company Secretary)
(1016 Points)
Replied 19 May 2012
Once an e-form is approved any wrong information given in it cannot be rectified. E-61 cannot be filed suo-moto.
Neeti Jindal
(Company Secretary)
(24 Points)
Replied 11 September 2012
Dear Mr. Ashwini,
Pls can you provide the board resolution for rectification of error made in form no 2.
Regards
Neeti