Prabhat Kumar Singh (Pursuing CA Final) (26 Points)
25 March 2017
Studentsca
(CA Practice )
(3577 Points)
Replied 26 March 2017
Jatin Bajaj
(CS)
(2930 Points)
Replied 27 March 2017
AS PER SECTION 403, READ WITH RULE 12 OF REGISTERATION OF OFFICE RULES , AS COMPANY IS HAVING THE PAID UP SHARE CAPITAL OF RS. 100000, SO NORMAL ROC FEES IS RS. 300. AND AS PER SECTION 92 OF THE COMPANIES ACT 2013 , THE DUE DATE FOR FILING ANNUAL RETURN IN MGT 7 IS 29TH NOVEMBER 2016. BUT THE COMPANY HAS NOT FILED THE MGT 7 WITHIN DUE DATE. SO AS PER SECTION 403, COMPANY HAS TO FILE ANNUAL RETURN WITH ADDITIONAL FEES.
SO TOTAL DELAY IN FILING MGT 7 IS 118 DAYS APPROX"
ADDITIONAL FEES : 10 TIMES OF NORMAL FEES :
SO TOTAL FEES IS 300+ 3000= 3300.
AND AUDITOR OF THE COMPANY CAN BE REMOVED BY ADOPTING FOLLOWING PROCEDURE :
FOLD THE BOARD MEETING TO APPROVE THE PROPOSAL FOR REMOVAL OF AUDITOR.
FILE APPLICATION TO CG WITHIN 30 DAYS FROM DATE OF BOARD RESOLUTION IN FORM ADT 2.
CG WILL GIVE THE ACKNOWLEGMENT OF RECEIPT.
AFTER 60 DAYS FROM THE DATE OF RECEIPT OF CG , HOLD THE GENERAL MEETING AND PASS THE SR .
FILE MGT 14 WITH ROC WITHIN 30 DAYS OF PASSING SR ALONG WITH CERTIFIED COPY OF SR.
AND NEW AUDITOR SHALL BE APPOINTED BY THE BOARD WITHIN 30 DAYS OF ARRISING CASUAL VACCANCY AND SUCH AUDITOR SHALL HOLD THE OFFICE TILL UPCOMING AGM TILL SEPTEMBER 2017 AND SHALL BE FURTHER RATIFIED FOR THE MAXIMUM PERIOD OF 5 YEARS . COMPANY SHALL FILE ADT 1 WITHIN 15 DAYS OF AGM
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 04 April 2017
Filing is possible only upto 270 days, after that you need to get the delay condoled from NCLT.
Prabhat Kumar Singh
(Pursuing CA Final)
(26 Points)
Replied 20 May 2017
Thanks for your valuable suggestion
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India
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