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Annual Filing of OPC and Small Company (MGT-7A)

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  Form MGT-7A- Annual Filing of OPC (One Person Company) & Small Company   Due to 5 th March, 2021 Notification of Ministry of Corporate Affairs the Companies (Management & Administration) Rules, 2014 amended further and these rules may be called the Companies (Management & Administration) Amendment Rules, 2021. It shall make the following amendment in Rule 11 of the Companies (Management & Administration) Rules, 2014 and Rule 11(1) shall be substituted, namely: “(1) Every Company Shall file its annual return in Form No. MGT-7 except OPC (One Person Company) and Small Company. OPC and small company shall file annual return from the financial year 2020-21 onwards in form MGT-7A”. So, firstly we need clarification regarding two things one is OPC (One Person Company) and 2 nd is Small Company. Q1. What is One Person Company? As per provision of section 2(62) of the Companies Act, 2013 defined (62) “one person company” means a company which has ...
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INC-20A (Commencement of Business Form)

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  Form INC-20A (Commencement of Business Form) Insertion of new section 10A Applicability of Sections and Rules: ü   Section 10A(1)(a) of Companies Act, 2013 ü   Rule 23A of Companies (Incorporation) Rules, Section 10A- As per the Companies (Amendment) Ordinance 2019, there is a requirement for all the companies registered on or after 2 November 2018 to file a certificate of commencement of business. Form 20A is a declaration filed by the directors within 180 days of the date of incorporation of the company. This is one of the most important compliances to follow as the penalties for non-filing is extremely high. A certificate of business commencement has to be obtained within 180 days from the date of incorporation and an eForm has to be filed with the concerned ROC (Registrar Of Companies) regarding the same. A declaration under section 10A from the directors has to be provided in the form of a Board Resolution in the eForm itself. In addition t...
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Restrictions and Authorisation of Private Limited Companies which is registered under Companies Act, 2013 or any other Previous Act.

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  "The road to success and the road to failure are almost exactly the same." - Colin R. Davis Restrictions and Authorisation of Private Limited Companies which is registered under Companies Act, 2013 or any other Previous Act. Provisions of Loan To/From Private Limited Company Loans to Private Limited Company: There are 3 categories of loans have been prescribed under the Companies Act, 2013.   1.        Loans which can be accepted eg. Loan from Directors, Loan from any other company, banking institutions etc. 2.       Loans which can be accepted subject to complying with Deposit Rules, The Deposit Rules are very complicated, demand a lot of compliance and practically difficult to be followed. If these rules are followed, the company can take loan from members etc. 3.       Loans which can not be accepted eg. Private Company cannot accept loans from any Partnership Firm, H...
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