CHG-4 beyond 300 days condonation- Need Documents

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Gopal Dutt

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Nov 8, 2019, 3:46:07 AM11/8/19
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Dear all

My client filed CHG-4 after 300 days and got this mail-in return (see below) from MCA. Now i am filing CHG-8. What all are the documents, needs to be attached in the form CHG-8 as it is showing only 2 documents required and what to write in the reasons for the delay in filing 
a) Documentary evidence of satisfying the charge (i will attach bank NOC)
b) Copy of resolution of the Board authorising the filing of the application and appointing the authorized representative – In case of Company

I hope nothing needs to be submitted by me physically. NOC taken from the bank is dated 02/09/2019 but the charge got satisfied many years back on 05/11/2014. 


this the mail received from MCA

"
This is to inform you that in terms of Rule 10 of the Companies (Registration Offices and Fees) Rules, 2014, the
above-cited Form CHG-4 dated 27/09/2019 filed by ABC (INDIA) PRIVATE LIMITED vide SRN H12345678 has been
examined and marked as Sent for resubmission with the following remarks-

Pl get delay Condonation by filing an application under Section 87 of the Companies Act, 2013 and send information of
filing of such application by re-submission. If no such compliance is made, e-form will be closed by putting into
NTBR. It is final opportunity.

The defects or incompleteness in any respect in this eForm as noticed by the Registrar have been placed on the
Ministry website ( www.mca.gov.in). In view of the above, you are therefore, directed that this eForm should be
resubmitted complete in all respects by 22/11/2019 failing which the eForm shall be treated as invalid and shall
not be taken on record or transaction shall be cancelled.

Kindly make sure that all the information to be given while resubmitting the form are true and complete as user will
not be given any further chance to rectify the details per rule 10 of the Companies (Registration offices and Fees)
Rules, 2014."


Regards

CA Gopal Dutt

Gopal Dutt

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Nov 8, 2019, 4:28:16 AM11/8/19
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And what is all this http://csmeetesh.blogspot.com/2016/08/condonationofdelay.html

I was only filing CHG-8 nothing else. Will that create a problem, as the above article says prepare petition, affidavit etc.

Parchuri Sanjay

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Nov 8, 2019, 4:53:22 AM11/8/19
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You need to attach petition  along with affidavit verifying petitions and Memorandum of Appearance (In case of PCS)

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Gopal Dutt

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Nov 8, 2019, 5:58:27 AM11/8/19
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Can you provide word format fo Affidavit and petition? And Memorandum of appearance is mandatory? (as i am practising CA)
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Parchuri Sanjay

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Nov 8, 2019, 6:13:31 AM11/8/19
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PFA.

You need to submit a physical copy of the documents once Form CHG-8 is filed with RD.

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A3 - POWER OF ATTORNEY.docx
A1 - AFFIDAVITY VERYFIYING PETITION.doc

Gopal Dutt

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Nov 8, 2019, 9:16:00 AM11/8/19
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Okay, so i have to submit everything in CHG-8 and than physically also. Correct

Pl provide Petition copy also.
These (Affidavit + Petition + Memorandum of appearance or POA) needs to be printed on Stamp paper of 100 Rs?




Pcs_sandip Lathiya

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Nov 9, 2019, 4:02:31 AM11/9/19
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Print is not required to on stamp paper, plain paper is sufficient, 
its advisable to use legal paper, instead of A4.

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Best Regards.....!!!


Cs Sandip Lathiya
Practising Company Secretary

Contact:-
Whatsapp Contact No:- +91 96246 40038
Hike Contact No:- +91 96246 40038

Gopal Dutt

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Nov 14, 2019, 1:51:42 AM11/14/19
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Pl can someone provide the petition format
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