Wrong details in Form 2

[Sharad Tyagi]

Dear Friends,

Please help me out in advising procedure for rectification in details of types of shares (List of allot tees) filed with ROC along with Form 2. Form 2 are already approved.

Thanks in advance

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Best Regards

FCS Sharad Tyagi
T. Sharad & Associates
Company Secretaries
E-24,Second Floor,
Greater Kailash Enclave-I,
New Delhi-110048 (India)
Easy Reach- +91-98714-94445  +91 92127-39939,
E-mail:  styag...@gmail.com 

[Sharad Tyagi]

Thanks Tanya, but could you please suggest which form we can use this purpose, will Form 61 do for this rectification of mistake

On Tue, Apr 12, 2011 at 9:58 AM, Tanya Karamchandani <csta...@gmail.com> wrote:

Dear Sharad,

 

U can speak to ROC office for this, they will let u know what to be done in this case. Else u can also write a request letter to ROC office for rectifying the mistake and alongwith that send a correct list of allotees and ask them to approve the same. also u have to give reason for such mistake in the letter.

 

Regards

CS Tanya

[Sharad Tyagi]

Dear Mr. Joshi,

Thanks a lot for your mail, but it appears that if we file revised form 2 it will shoot up our paid up capital again.

[Sharad Tyagi]

Dear Friends,

Please advice if Form 61 alongwith a clarification letter will be sufficient for this purpose.

[CS Pinkush Jaiswal]

Dear All,

 

I have been through same thing. but what  we did is we have filed form 2 again attaching the board resolution plus letter stating the reason for such erorr and asked them rectification  in earlier filed form 2 giving details abt SRN also.

 

we have recieved their approval within week.

On Tue, Apr 12, 2011 at 10:22 AM, Manoj Singh Bisht <csmano...@gmail.com> wrote:

FORM 61 cannot be filed without form being taken into resubmission by the ROC.

U have to submit hard copies of correct list of allotment alongwith a letter stating that the mistake occured in filing the eform.

Regards

Manoj Bisht

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Yours faithfully
CS Manoj Singh Bisht

Proprietor 

MSB & Associates

Company Secretaries
L-1, Swapnil Rajni Apts.,
Opp. Mahila N Bank
Dharampeth Extension
Nagpur - 440 010

Contact No.  09665553678

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--
THANKS AND REGARDS
CS Pinkush Jaiswal
Company Secretary
170, Shivneri,
New Ramdaspeth
Nagpur -440 001
Maharashtra, India

Telephone: + 91-712-2455392
Mobile: +91 9422507748
E-mail: cspi...@gmail.com


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[Sharad Tyagi]

Sir, I think for filing Form 61 there is no requirement for resubmission, it can be filed independaently

On Tue, Apr 12, 2011 at 10:22 AM, Manoj Singh Bisht <csmano...@gmail.com> wrote:

FORM 61 cannot be filed without form being taken into resubmission by the ROC.

U have to submit hard copies of correct list of allotment alongwith a letter stating that the mistake occured in filing the eform.

Regards

Manoj Bisht

--

Yours faithfully
CS Manoj Singh Bisht

Proprietor 

MSB & Associates

Company Secretaries
L-1, Swapnil Rajni Apts.,
Opp. Mahila N Bank
Dharampeth Extension
Nagpur - 440 010

Contact No.  09665553678

Corporate Laws, Indirect Tax Laws, Project Financing, ISO Certification, Intellectual Property Rights............ 

[Sharad Tyagi]

Dear Pinkush,

Please clarify how yo managed the paid up capital status, could you please share that Form 2

[Sharad Tyagi]

Hi Pinkush, But I think it will raise paid up capital again

On Tue, Apr 12, 2011 at 11:40 AM, CS Pinkush Jaiswal <cspi...@gmail.com> wrote:

sharad,

wat we actually made rectification was of date like it was 30/04/2010 but we wrote 30/03/2010. we have attached the BResoltn and filed same form 2 with this resolution.

On Tue, Apr 12, 2011 at 9:09 AM, Sharad Tyagi <styag...@gmail.com> wrote:

--
THANKS AND REGARDS
CS Pinkush Jaiswal
Company Secretary
170, Shivneri,
New Ramdaspeth
Nagpur -440 001
Maharashtra, India

Telephone: + 91-712-2455392
Mobile: +91 9422507748
E-mail: cspi...@gmail.com


Please don't print this e-mail unless you really need to.......
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[Nitin Jain]

Dear Piyush,

 

I also think that this will increase the paid up capital of the company. Morever while filing the form 2 again the capital stated in form 2 is in excess of authorised capital system will not accept the form 2.

 

So, i am also interested to know that how the rectification has done without effecting the paid up capital.

 

Regards

CS Nitin Jain

[NITESH JAIN]

I think you should file New Form 2 with details same as earlier such as date of allotment, no. of shares with rectification in type of shares. In the paid up capital columns in New Form 2 fill the paid up capital as stood in the previous Form 2, then I think paid up capital will not increase. 

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Thanks and Regards,

Nitesh Jain

ACS, M.Com. MBA

09770750788

[Nitin Jain]

Dear Nitesh Ji,

 

I think the moment system accept the form No. 2 it will automatically increase the paid up capital. So in my view it is not a right course of action to be adopted.

 

Correct me if i am wrong.

 

Regards

CS Nitin Jain

[Manoj Singh Bisht]

sorry it was form 67 i was talking about n not 61.

[CS Pinkush Jaiswal]

what nitesh just stated now has been done by me. and i got approval too.

On Tue, Apr 12, 2011 at 11:54 AM, Nitin Jain <nitinj...@gmail.com> wrote:

[NITESH JAIN]

I think thai will work because system take the paid up capital as stated in paid up capital breakup after allotment.

[poonam chauhan]

Dear All,

the revised form would be filed by attaching the Board Resolution giving the reason of revision, and the correct details would be filled, I donot think that revision form would not increase the paid up capital.

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Regards

Poonam Chauhan

Company Secretary

[NITESH JAIN]

No system will accept the Form. As in many cases balance sheet & annual return is filed first and paidup capital in MCA Data is updated on the basis of 20B & 23AC/ACA without filing Form 2. Filing of Form 2 with date with same paid up  do not cause problem.

[Viral Sanghavi & Associates]

Dear friends

The Coloums of Auth Cap, Paid-up Cap and all in Form 2, are given so that when the form 2 gets approved, the MCA system will change the auth and paidup cap accordingly.

So even though you file the revised Form 2, with the same Capital details as in old form 2, the system will not "double" the amount, the amount written in the latest form approved, will be final auth and paid up capital for the system.

So dont worry about auth and paid-up capital getting double. Just file the form, and after approval, the auth and paid-up written in the form, will be final for the "System"

Other's views are solicited

Regards

CS Viral Sanghavi

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Regards

CS Viral Sanghavi
Practising Company Secretary

303, Madhav Plaza, Near Lal Bunglow, 

Opp SBI, Jamnagar - 361001, Gujarat

+91 99989 58729

Prof. ids
cs.viral...@gmail.com
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[CS Pinkush Jaiswal]

I DO AGREE WID VIRAL JI

[Sharad Tyagi]

Thanks a lot to all for your help and advice in this regard, can we do so even there are 3-4 form2 to be rectified for the same company

[NITESH JAIN]

Was there was common mistake in all the Form 2 i.e. type of shares and whether same mistake is also appeared in annual return.

I think that in such case filing 2-3 revised would not be good idea. Instead You can write a letter to ROC abt the mistake with physical copy of rectified Form 2 and Board resolutions by registered post, keep a copy of  post receipt for record purpose. At the time of filing Annual Return fill correct data.

[Sharad Tyagi]

Dear Pinkush,

Can you please share draft board resolution for rectification of that mistake

Thanks

--
Best Regards

FCS Sharad Tyagi
T. Sharad & Associates
Company Secretaries
E-24,Second Floor,
Greater Kailash Enclave-I,
New Delhi-110048 (India)

Easy Reach- +91-98714-94445  +91- 98714-94447,
E-mail:  styag...@gmail.com