PRACTICAL EXAMPLES:

1. A New company has applied for the registration of name as on 30th January 2016. An approval letter sent by ROC as on 1st February 2016. Company has applied for incorporation as on 25th February 2016. What are the implications on the reservation of the name of the company?

Ans:As per the section 4 of the Companies Act 2013, registrar will hold the name of the company for Twenty days from the date of Approval by ROC. So, company has to incorporate the company with 20 days from 1st February 2016 i.e. up to 21st February 2016.

But, company has incorporated as on 25th February 2016. As the date of incorporation is more than 20 days from the date of approval by ROC, the name will not be registered, and company cannot use the name for the further procedures.

2. Harish Innovative Public Limited (HIPL) was incorporated as on 14th February,2018. HIPL has established its registered office at Bangalore, Karnataka as on 24th February,2018. From 02nd December 2018, company has changed the address of registered office from Bangalore Karnataka to Mumbai Maharashtra. Company has informed as on 04th January 2019 to Registrar. What are the implications on the establishments of address and changes in the registered office?

Ans: As per the Section 12(1) of the Companies Act 2013, The company should have the registered office within 30 days from the date of its incorporation. Company has complied the conditions as specified by the Companies Act 2013. Company has established its registered office within 30 days i.e. 14th March 2018.

As per Section 12(4) of the Companies Act 2013, Company shall inform to the registrar within 30 days from the date of change in the address of the Registered Office. Company has to provide the information to the registrar within 30 days i.e. 02nd January2019. But, Company has send the intimation to the Registrar of the companies as on 04th January 2019. So, the change in the company’s address is void.

3. M&M Private Limited has allocated the shares under Private Placement as on 01st July 2018. M&M Private Limited has filed Return of allotment on 10th August 2018. What are the implications?

Ans: As per the Section 42 of the Companies Act 2013, company should file the return of allotment to registrar within 30 days after the shares has been allotted under Private Placement. M&M Private Limited has filed Return of allotment as on 10th August 2018. The Private Placement was void due to date of filing of Return of allotment to the Registrar of companies within the time limit.

4. B&B Management Consultancy Private Limited has closed its books of accounts as on 31st March 2018. Company has filed the appropriate forms to the ROC. But, company has not filed the MGT – 9 for the FY 2017-18. What are the implications??

Ans: As per the Section 92 of the Companies Act 2013, The time limit for filing MGT - 9 to be eliminated and there will be no time limit for filing annual return i.e. company can file anytime by paying additional fees to Ministry of Corporate Affairs. So, B&B Management Consultancy Private Limited can file the MGT – 9 after the 270 days (Old provision) by paying additional fee.

Disclaimer:"The information contained herein is only for informational purpose and should not be considered for any particular instance or individual or entity. We have obtained information from publicly available sources, there can be no guarantee that such information is accurate as of the date it is received or it will continue to be accurate in future. No one should act on such information without obtaining professional advice after thorough examination of particular situation."

Prepared By

Kiran Kumar

Reviewed By

Phalgun

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Contact :

Ankit C Shetty

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