Clarification on filing of e-Form MGT-14

[rafi shariff]

Dear Members,

As per the provisions of Section 117 of the Companies Act, 2013, for all the items mentioned under Section 179, e-Form MGT-14 shall have to be filed.

Further, attached MCA Notification dated 05th June, 2015 has exempted private companies from the compliances of Section 117 (3) (g) and in turn those in Section 179 (3). However, on reading of the Notification, it is mentioned that the draft of the said notification is laid before the Parliament.

Therefore, request you to kindly advise if the MCA Notification dated 05th June, 2015 relating to exemption to private companies has become effective and if there is need to file e-Form MGT-14 by private companies for approval of accounts and other matters.

Regards and thanks,
CS Rafeeulla Shariff
Mobile No. +91 7259700201

[CS Simranjeet Singh]

it is effective, not required to file for pvt co's now.

 

 

Thanks & Regards

Simranjeet Singh

Knowledge increases by sharing but not by saving !   

--
--
************************************************
Mail your comments, feedback and suggestions on CSMysore to Moderator: datta...@gmail.com and Manager: vivekhe...@gmail.com
---
You received this message because you are subscribed to the Google Groups "CSMysore" group.
To unsubscribe from this group and stop receiving emails from it, send an email to csmysore+u...@googlegroups.com.
For more options, visit https://groups.google.com/d/optout.

[rafi shariff]

Dear Mr. Simranjeet Singh,

Thanks for your mail.

Do you have any supporting documents that it has been approved in Parliament. If yes, can you please share the same.

Thanks.

[sid]

It is a gazetted notification which you poses hence a valid and effective document. It has been issued by MCA vide powers granted to it u/s 462 after following the procedure laid down in that section.

[rafi shariff]

Thanks Mr. Siddharth.

But in attached official gazette notification point number 3 states a copy of this notification has been laid in draft before both Houses of Parliament as required by sub-section (2) of Section 462 of the Companies Act, 2013. 

Section 462 (2) says as follows:

(2) A copy of every notification proposed to be issued under sub-section (1), shall be

laid in draft before each House of Parliament, while it is in session, for a total period of thirty

days which may be comprised in one session or in two or more successive sessions, and if,

before the expiry of the session immediately following the session or the successive sessions

aforesaid, both Houses agree in disapproving the issue of the notification or both Houses

agree in making any modification in the notification, the notification shall not be issued or, as

the case may be, shall be issued only in such modified form as may be agreed upon by both

the Houses.

Based on the above, I am not able to get whether can we skip filing of form MGT 14 and should continue the same.

[sid]

Point no.3 is mere disclosure about the proper procedure followed as per section 462(2). Only final approved circulars/notifications etc.are published in official gazette and not the drafts. 

[rafi shariff]

Dear Siddharth,

Thanks for your valuation suggestions.