Form CG1 for condonation of delay

[Pari S.]

Dear members,

I had filed Form CG1 for condonation of delay ifor not filing form 27 within due date with ROC .Now it has come for resubmission with following remarks 

Pl state reasons for inordinate delay along with period of delay and no of days delay involved and state any

prosecution has been filed in the court of law for the application filed and if yes pl give status and if not give
an undertaking to the effect from authorised  director stating that no prosecution has been filed with facts.  pl
also state that any right of stakeholders is affected by not filing the said resolution. Pl clarify as to whether
any inquiry/inspection/investigation/ is pending against the company/officers of the company
pl furnish relevant
resolutions for the application filed and order passed by the competent authority.
pl also state as to why the
application should not be rejected for not enclosing copy of the order as well as resolution passed for the said
conversion and also no reference to resolution was cited in the petition.

Members, can u explain me what exactly have to do. I will prepare it if ypu guide me..

Thanks ,

Pari.

[Pari S.]

members, are my mail visible in this group....

[Durga Bansal]

yes ma'am, visible

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D*Bansal*

[CS Vijay Thakkar]

Dear Pari Mam,

As per my view, the MCA guys required you to attach the following documents with the Form CG-1:-

1) Pl state reasons for inordinate delay along with period of delay and no of days delay involved:

here they are asking you to provide the reason and no. of days for the delay. You can mention it in your Application to the Form CG-1

2) state any prosecution has been filed in the court of law for the application filed and if yes pl give status and if not give an undertaking to the effect from authorised  director stating that no prosecution has been filed with facts pl also state that any right of stakeholders is affected by not filing the said resolution. Pl clarify as to whether any inquiry/inspection/investigation/ is pending against the company/officers of the company:

here, you have to file an undertaking signed by the AUTHORISED DIRECTOR stating that there is no pending/ filed prosecution against the Company. And if any prosecution is pending you have to provide them a brief and status of the same. Also you have to mention that the rights of the stakeholders is not affected and no inquiry / inspection/ investigation is pending against the Company.

3) pl furnish relevant resolutions for the application filed and order passed by the competent authority:

here, you have to attach with the application to Form CG-1 all the Forms filed with the MCA and their Challan.

Others views are solicited.

[CS SANDIP LATHIYA]

In which type of conversation (Pvt to pub or pub to pvt)

You don't file form Inc27 within time and why?

Sent from the Yahoo Mail app. Get yours!

On Wed, 28 Mar 2018 at 12:01 PM, CS Vijay Thakkar

<csvijay...@gmail.com> wrote:

Dear Pari Mam,

As per my view, the MCA guys required you to attach the following documents with the Form CG-1:-

1) Pl state reasons for inordinate delay along with period of delay and no of days delay involved:

here they are asking you to provide the reason and no. of days for the delay. You can mention it in your Application to the Form CG-1

2) state any prosecution has been filed in the court of law for the application filed and if yes pl give status and if not give an undertaking to the effect from authorised  director stating that no prosecution has been filed with facts pl also state that any right of stakeholders is affected by not filing the said resolution. Pl clarify as to whether any inquiry/inspection/investigation/ is pending against the company/officers of the company:

here, you have to file an undertaking signed by the AUTHORISED DIRECTOR stating that there is no pending/ filed prosecution against the Company. And if any prosecution is pending you have to provide them a brief and status of the same. Also you have to mention that the rights of the stakeholders is not affected and no inquiry / inspection/ investigation is pending against the Company.

3) pl furnish relevant resolutions for the application filed and order passed by the competent authority:

here, you have to attach with the application to Form CG-1 all the Forms filed with the MCA and their Challan.

Others views are solicited.

On Tuesday, 27 March 2018 15:32:15 UTC+5:30, pari wrote:

Dear members,

I had filed Form CG1 for condonation of delay ifor not filing form 27 within due date with ROC .Now it has come for resubmission with following remarks 

Pl state reasons for inordinate delay along with period of delay and no of days delay involved and state any

prosecution has been filed in the court of law for the application filed and if yes pl give status and if not give
an undertaking to the effect from authorised  director stating that no prosecution has been filed with facts.  pl
also state that any right of stakeholders is affected by not filing the said resolution. Pl clarify as to whether

any inquiry/inspection/investigati on/ is pending against the company/officers of the company

pl furnish relevant
resolutions for the application filed and order passed by the competent authority.
pl also state as to why the
application should not be rejected for not enclosing copy of the order as well as resolution passed for the said
conversion and also no reference to resolution was cited in the petition.

Members, can u explain me what exactly have to do. I will prepare it if ypu guide me..

Thanks ,

Pari.

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[Pari S.]

Conversion is from public to private.

There was some defect in form 27 as prefill was not working.and error was showing - Name after conversion would be null and void.

And it was not proceeding...I had raised tickets, called helpdesk but all in vain. Meanwhile from got delayed.

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[Kajal Desai]

Dear All,

I have received a mail from MCA for resubmission of Form CG-1 filed for delay in filing of form MGT-14.

The queries raised are similar to those mentioned in below mails. In addition to these, there is another query which says:

"pl clarify as to when the proper remedy is available under the companies act 2013 for  compounding the said offence  and why this form should not be rejected"

Has anyone received similar query from MCA. please let me know what would be the response to such query,

thank

CS Kajal Desai

[Pcs_sandip Lathiya]

Ping me in mine email id

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“IF YOU THINK COMPLIANCE IS EXPENSIVE, TRY NON-COMPLIANCE”

Best Regards.....!!!

Cs Sandip Lathiya

Practising Company Secretary

Contact:-

Email Id:- pcssa...@gmail.com

Whatsapp Contact No:- +91 96246 40038

Hike Contact No:- +91 96246 40038

[Prakash Nagarajan]

Respected Madam,

My Greetings to you

Delay in filing MGT-14 shall be adjudicated u/s 454 with RD using Form-ADJ. By the way why was CG-1 filed to the HQ ?

Regards

Prakash Nagarajan

Company Secretary

+91 99766 77277

Alternative Mail: prakashna...@outlook.com

 

DONATE ORGANS, SAVE LIVES.

Office:

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[Pcs_sandip Lathiya]

You are filled form MGT-14 for Conversion?

[Manisha Gahlan]

Hi Pari,

Please confirm What was the end result of your case. I have filed Form CG-1 for similar case.

Regards

Manisha Gahlan

Contact:- +91-8588 92 8837

[Pcs_sandip Lathiya]

Manisha,

According to Rule,

INC27 must be file within 15 days from Either pass SR in GM or File INC28.

In the case of PVT To PUblic, We need to File INC27 after passing Special Resolution, In beetween we need to file MGT-14 which was non stp in this case.

So Now, Question is on Complice (based on following Situation )

Situation 1 :- 

is we follow compliance and file MGT-14 and Concerned authotiry (i.e.ROC) is not approved within time limit and we lapsed chance to file IN27 in as prescribed timelimit.

Solution:- 

Then attach a clearification letter (In the button of Condoation of Letter) stated that We filled MGT14 but concerned authority is taken so much time to approve our mgt14,hence we are not liable to do condone , After consideration above letter Central Goverment approve your INC-27 without demanding Condoanation of Delay.

Situation 2 :- 

you are filled MGT-14 after 15 Days from the passing SR, 

Solution :- then we must to follow condoation of Delay.

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