CA Syam sundar

The Companies (Meetings of Board and its Powers) Amendment Rules, 2021, Dated 15th June, 2021 Rule 4 of Companies (MBP) Rules, 2014 has been omitted.  Post this amendment there is no restriction on any matters to be Dealt with in a Meeting Through Video Conferencing or Other Audio Visual Means. Link: https://egazette.nic.in/WriteReadData/2021/227614.pdf *With MCA Amendment 15th June, 2021. Now following resolution can be passed through Video Conference mode:-* *(i) the approval of the annual financial statements;* *(ii) the approval of the Board’s report;* *(iii) the approval of the prospectus;* *(iv) the Audit Committee Meetings for  consideration of financial statement including consolidated financial statement, if any, to be approved by the Board under sub-section (1) of section 134 of the Act;* *and* *(v) the approval of the matter relating to amalgamation, merger, demerger, acquisition and takeover.*

  *Additional fees waiver extended to 18 forms Now* Please refer the link for the list of forms for which additional fee waiver is made available as per Circular no. 06/2021 and 07/2021.  The new forms included are *AOC-4, MGT-7, LLP Form 3, LLP Form 11, DIR – 11, MGT-14* Link: http://mca.gov.in/Ministry/pdf/FeeWaiver_13052021.pdf List of forms providing waiver of additional fee as per Circular no. 06/2021 and 07/2021 1 Form CHG-1 Application for registration of creation, modification of charge (other than those related to debentures) 2 Form CHG-9 Application for registration of creation or modification of charge for debentures or rectification of particulars filed in respect of creation or modification of charge for debentures 3 FORM ADT-1 Information to the Registrar by company for appointment of auditor 4 FORM INC-22 Notice of Situation or Change of situation of Registered Office of the Company 5 FORM NDH-3 Return of Nidhi Company for the half year ended 6 FORM FC-4 Annual ...

 *MCA Update on CSR* Clarification on *offsetting the excess CSR spent for FY 2019-20* if company has contributed any amount to ‘PM CARES Fund’ on 31.03.2020 which is over and above the minimum amount as prescribed under section 135(5) of Cos. Act for FY 2019-20 Circular you can refer below: E-file no. CSR-01/4/2021-CSR-MCA Government of India Ministry of Corporate Affairs 5th Floor, ‘A’ Wing, Shastri Bhawan, Dr. R. P. Marg, New Delhi-110001 Dated: 20th May 2021 Circular To, All concerned stakeholders. Subject: Clarification on offsetting the excess CSR spent for FY  2019-20 - reg. Madam/ Sir, Keeping in view the spread of COVID-19 in India, an appeal dated  30.03.2020 was made to MDs/CEOs of top 1000 companies in terms of  market capitalization, to contribute generously to “Prime Minister's Citizen  Assistance and Relief in Emergency Situations Fund” (PM CARES Fund). In  the appeal, it was mentioned that such contribution may, inter-alia, include  the...

The Ministry of Corporate Affairs (MCA) has notified that no additional fees shall be levied till July 31, 2021 if the due date for filing falls between April 1, 2021 to 31, May 2021 only in respect of 10 forms. 1.  Form CHG-1:  No additional fees shall be levied on Application for registration of creation, modification of charge (other than those related to debentures).  2. Form CHG-9:  No additional fees shall be levied on application for registration of creation or modification of charge for debentures or rectification of particulars filed in respect of creation or modification of charge for debentures.  3. FORM ADT-1:  No additional fees shall be levied in respect of information to the Registrar by company for appointment of auditor. 4.  FORM INC-22 : No additional fees shall be levied on notice of Situation or Change of situation of the Registered Office of the Company.  5. FORM NDH-3 : No additional fees shall be levied in respect of Return ...

1. It has been decided to grant additional time up to *31st July, 2021* for filling of forms due for filling during 1st April, 2021 to 31st May, 2021 other than charge forms *without any additional fees*. http://mca.gov.in/Ministry/pdf/GeneralCircularNo6_03052021.pdf 2. In case of *CHG – 1 & CHG – 9* the period from 01.04.2021 till 31.05.2021 shall not be reckoned for the purpose of counting the number of days under section 77 & 78 of the Act. http://mca.gov.in/Ministry/pdf/GeneralCircularNo7_03052021.pdf 3. Gap between 2 board meetings under section 173 of the Cos. Act stand *extended by 60 days* for first 2 quarters. Accordingly, the gap between 2 consecutive board meeting may extend to 180 days for these 2 quarters. http://mca.gov.in/Ministry/pdf/GeneralCircularNo8_03052021.pdf

CSR-1 Form now available on MCA site for Filling This form is made available pursuant to  section 135 of the Companies Act, 2013 and Rule 4(1) and (2) of Companies (Corporate Social Responsibility Policy) Rules, 2014) Below are some of the FAQs related to the Form: Who is required to File CSR-1? Every entity that intends to undertake any CSR activity is required to file form CSR-1 electronically with ROC. By Doing so the Company will register itself with the Central Government. Who can undertake CSR Activities? CSR Activities can be undertaken by the  company itself   or through: Section 8 Company  with  Section 12A  and  Section 80G  registrations under the Income Tax Act, 1961. Registered Public Trust  with  Section 12A  and  Section 80G  registrations under the Income Tax Act, 1961. Section 8 Company  or Registered Trust or Registered Society  established by the Central Government or State...

1. Mandatory use of Accounting Software having *Audit Trail Extended to 1st April, 2022* Link: http://mca.gov.in/Ministry/pdf/AccountsAmendmentRules_01042021.pdf   2. Other Matters to be Included in Auditors Report as per Companies (Audit & Accounts) Amendment Rules, 2021 extended to Financial Year Starting from 1st April, 2022   Link: http://mca.gov.in/Ministry/pdf/AuditAuditorsAmendmentRules_01042021.pdf Please refer the below official Notification from MCA. 

 *MCA Updates* *1. Mandatory use of Accounting Software having Audit Trail* From FY commencing on 01.04.2021, every Company shall use Accounting Software having feature to record audit trail of each transaction, creating the edit log of changes made & ensuring that the audit trail cannot be disabled.  Link: http://mca.gov.in/Ministry/pdf/AccountsAmendmentRules_24032021.pdf *2. Other Matters to be Included in Auditors Report* a. Reporting regarding advances, loans & Investment other than disclosed in notes to accounts. b. Receiving of funds for further lending or investing other than disclosed in notes to accounts. c. Dividend declared or paid is in compliance of section 123 of CA, 2013. d. Comment of use of Accounting Software having Audit Trail & other rules therein. Link: http://mca.gov.in/Ministry/pdf/AuditAuditorsAmendmentRules_24032021.pdf *Amendments in Schedule III from 1st day of April, 2021* As per the amendments many new disclosure has been mandat...