The MCA has decided to allow the physical filing of Forms GNL-2, MGT-14 , PAS-3, SH-8, SH-9 and SH-11 between 22/02/2023 and 31/03/2023, due to transition of MCA21 Portal from V2 to V3, followed with electronic filing thereof without additional fee.
The Ministry of Corporate Affairs (MCA) has made the decision that companies that intend to file certain forms on the MCA-21 Portal between 22 February 2023 and 31 March 2023 may file such forms in “physical mode” duly signed by the persons concerned as per the requirements of the relevant forms, along with a copy thereof in electronic media, with the concerned Registrar without payment of fee and take acknowledgement thereof, in format annexed to General Circular 5/2023. An undertaking from the company stating that it will also file the relevant Form in electronic form on the MCA-21 Portal along with the fee that is payable as per the Companies (Registration Offices and Fees) Rules, 2014 will accompany such a filing when it is submitted.
The MCA has granted permission for this facility in regard to the following forms:
i) Form GNL-2 (filing of prospectus related documents and private placement),
ii) Form MGT-14 (filing of Resolutions relating to prospectus related documents, private placement),
iii) Form PAS-3 (Allotment of Shares),
iv) Form SH-8 (letter of offer for buyback of own shares or other securities),
v) Form SH-9 (Declaration of Solvency), and
vi) Form SH-11 (Return in respect of buy-back of securities).
MCA General Circular 5/2023 dt. 22/02/2023: Physical Filing of Forms GNL-2, MGT-14, PAS-3, SH-8/9/11 (V3)
MCA Allows Physical Filing of Form GNL-2 and MGT-14 (Transition to V3)
The MCA has decided to allow the physical filing of Forms GNL-2 and MGT-14 between 07/01/2023 and 22/01/2023, as the MCA21 Portal transitions from V2 to V3. Following the transition, subsequent electronic filing of these forms will be permitted without additional fee.
MCA has received representation to clarify the issue of filing Forms GNL-2 (prospectus related documents) and MGT-14 (Resolutions relating to prospectus related documents) due to the MCA21 Portal transition from V2 to V3 from 07/01/2023 to 22/01/2023, as these forms will not be available for filing in MCA21 Portal V2. However, due to certain time-sensitive activities, these forms must be filed in a timely manner.
MCA has examined the matter and has decided that companies intending to file Forms GNL-2 and MGT-14 on the MCA-21 Portal between 07/01/2023 and 22/01/2023 may do so in physical mode, duly signed by the persons concerned as per the requirements of the relevant forms, along with a copy thereof in electronic media, with the concerned Registrar without payment of fee and receive acknowledgement (as per Annexure to this Circular). Such filing will be accompanied by an undertaking from the company that, once such filing is enabled on the portal, the company will file the relevant Form in electronic form on the MCA-21 Portal, along with fees payable in accordance with the Companies (Registration Offices and Fees) Rules, 2014.
Furthermore, as clarified by General Circular 1/2023 dated 09/01/2023, no additional fees will be levied for the period during which the e-filing was disabled.
It may be noted that the forms GNL-2 and MGT-14 filed in physical form shall be placed on the MCA website for the purpose of inspection or obtaining copy thereof in accordance with the provisions of Section 399 of the Companies Act, 2013.
MCA General Circular 2/2023 dt. 09/01/2023: Physical Filing of Form GNL-2 and MGT-14 (transition to MCA V3 Portal)
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