General Circular No: 32/2011 dated 31/05/2011, 66/2011 Dated 4/10/2011, 70/2011 dated 15.12.2011 and 04/2012 dated 09.03.2012, Ministry of Corporate Affairs has mandated providing Income-tax Permanent Account Number (Income-tax PAN) for obtaining Director Identification Number (DIN) in case of Indian nationals. All existing DIN holders who have not furnished their PAN earlier at time of obtaining DIN are also required to furnish PAN details by filing DIN-4 form on MCA21 by 30th April, 2012. In addition, in case of those DIN holders who have furnished their PAN earlier, there may be mismatch between particulars provided in their DIN application (i.e. name or father’s name or date of birth) with Income Tax PAN details. Such DIN holders are also required to correct their particulars in DIN data base by filing Form DIN4; In case of correction needed in PAN data base, they need to apply to Income Tax authorities and then file correct information with MCA21 using DIN4 form. This activity is also to be completed by 30th April, 2012. E-mails have been sent to such DIN holders who are covered in the above categories, viz non-availability of PAN or mismatch of PAN with DIN, and whose e-mail addresses are available in the MCA21 system. However, there are such DIN holders also whose e-mail addresses are not available in MCA21 system. All such cases of non-availability of PAN or mismatch between PAN and DIN have been made available in MCA21 Portal. You are advised to visit the MCA21 Portal to check your details and to file the DIN4 form wherever required. Filing information under DIN4 form is free of any charges. Non-provision of PAN details or any mismatch in DIN and PAN information will be treated as default and such DINs may be disabled for
access of MCA21 System after 30th April, 2012.
Category Archives: Company Law India
Director DIN Number
Filing of Company’s Balance Sheet and Annual Return to ROC
The companies are required to file their Balance Sheet and Annual Return to ROC within 30 and 60 days respectively from the date of placing it in the Annual General Meeting. The companies that follow the standard financial year ending up-to March each year are required to convene the AGM by September of that year. However, most of the companies do not utilize the 30 and 60 days allowed for filing their documents but instead, keep waiting up to last date to file their Balance Sheet and Annual Return. The avoidable delay in filing thus creates an artificial rush and results in heavy filing on the last dates of October and November each year. Moreover, these documents being of large size take a long time to upload. This makes it difficult for others to file their documents on-line.
To avoid last minute rush and system congestion in MCA21 due to heavy filing in
last 10 days of the months of October and November 2011, it is requested that filing of Balance Sheet and Annual Return may preferably be done in the following order:
|
Preferable Date for Filing |
|||
|
Company Names |
September 2011 |
October 2011 |
November 2011 |
| Alphabets A to D
|
All the days during the month | 1st Oct to 05 Oct 2011 |
1st Nov to 05 Nov 2011 |
| Alphabets E to K |
do |
6th Oct to 10th Oct 2011 |
6th Nov to 10th Nov 2011 |
| Alphabets L to Q |
do |
11th Oct to 15th Oct 2011 |
11th Nov to 15th Nov 2011 |
| Alphabets R & S |
do |
16th Oct to 20th Oct 2011 |
16th Nov to 20th Nov 2011 |
| Alphabets T to Z |
do |
21st Oct to 25th Oct 2011 |
21st Nov to 25th Nov 2011 |
| Remaining/ Left out companies |
do |
26th Oct to 31st Oct 2011 |
26th Nov to 30th Nov 2011 |
Kindly plan your filing accordingly.
Company Name Availabilibity Guidelines India
General Circular No. 45/2011 No 17/90/2011- CL V Government of India Ministry of Corporate Affairs for NAME AVAILABILITY GUIDELINES, 2011
In supersession of all the previous circulars and instructions issued by Ministry of Corporate Affairs from time to time regarding name availability, the applicants and Registrar of Companies are advised to adhere following guidelines while applying or approving a name:
1. As per provisions contained in Section 20 of the Companies Act, 1956, no company is to be registered with undesirable name. A proposed name is considered to be undesirable if it is identical with or too nearly resembling with:
(i) Name of a company in existence and names already approved by the registrar of Companies;
(ii) Name of a LLP in existence or names already approved by Registrar of LLP; or
(iii) A registered trade-mark or a trade mark which is subject of an application for registration, of any other person under the Trade Marks Act, 1999.
2. While applying for a name in the prescribed e-form-1A, using Digital Signature Certificate (DSC), the applicant shall be required to furnish a declaration to the effect that:
(i) he has used the search facilities available on the portal of the Ministry of Corporate Affairs (MCA) for checking the resemblance of the proposed name(s) with the companies and Limited Liability Partnerships (LLPs) respectively already registered or the names already approved.
(ii) the proposed name(s) is/are not infringing the registered trademarks or a trademark which is subject of an application for registration, of any other person under the Trade Marks Act, 1999;
(iii) the proposed name(s) is/are not in violation of the provisions of Emblems and Names (Prevention of Improper Use) Act, 1950 as amended from time to time;
(iv) the proposed name(s) is not such that its use by the company will constitute an offence under any law for the time being in force.
(v) the proposed name is not offensive to any section of people, e.g., proposed name does not contain profanity or words or phrases that are generally considered a slur against an ethnic group, religion, gender or heredity;
(vi) he has gone through all the prescribed guidelines, understood the meaning thereof and the proposed name(s) is/are in conformity thereof;
(vii) he undertakes to be fully responsible for the consequences, in case the name is subsequently found to be in contravention of the prescribed guidelines.
3. There is an option in the e-form 1A for certification by the practicing Chartered Accountants, Company Secretaries and Cost Accountants, who will certify that he has used the search facilities available on the portal of the Ministry of Corporate Affairs for checking the resemblance of the proposed name(s) with the companies and Limited Liability Partnerships (LLPs) respectively already registered or the names already approved and the search report is attached with the application form. The professional will also certify that the proposed name is not an undesirable name under the provisions of section 20 of the Companies Act, 1956 and also is in conformity with Name Availability
Guidelines, 2011.
4(i) Where e-form 1A has been certified by the professional in the manner stated at ‘3’ above, the name will be made available by the system online to the pplicant without backend processing by the Registrar of Companies (ROC). This facility is not available for applications for change of name of existing companies.
(ii) Where a name has been made available online on the basis of certification of practicing professional in the manner stated above, if it is found later on that the name ought not to have been allowed under provisions of section 20 of the Companies Act read with these Guidelines, the professional shall also be liable for penal action under provisions of the Companies Act, 1956 in addition to the penal action under Regulations of respective professional Institutes.
(iii) Where e-form 1A has not been certified by the professional, the proposed name will be processed at the back end office of ROC and availability or non availability of name will be communicated to the applicant.
5. The name, if made available, is liable to be withdrawn anytime before registration of the company, if it is found later on that the name ought not to have been allowed. However, ROC will pass a specific order giving reasons for withdrawal of name, with an opportunity to the applicant of being heard, before
withdrawal of such name.
6. The name, if made available to the applicant, shall be reserved for sixty days from the date of approval. If, the proposed company has not been incorporated within such period, the name shall be lapsed and will be available for other applicants.
Please read the complete article at Company Name Availabilibity Guidelines India
Posted in Company Law India
Tagged Company formation India, Company Name Availabilibity Guidelines India, Corporate Law firm India, How to incorporate Company India, Incorporate a New Limited Liability Partnership, Incorporate Company India, Name availability of Company India, Name availability of Firm, Registrar of COmpanies India
