Saturday, October 12, 2024
Saturday, October 12, 2024

Forms Under the Companies Act 2013

by Swati Raghuwanshi
Companies Act 2013

The Companies Act of 2013 is the law that governs each and everything regarding corporate entities. Corporate entities include one-person companies, private limited companies, subsidiary companies, holding companies, government companies, banking companies, public limited companies, limited liability partnership firms, etc. For every operation and management of these companies, a procedure has been prescribed under the Companies Act. To complete those procedures, certain forms under the Companies Act 2013 are given under this act. These forms can be with respect to company registration, change of address of the company, change of directors, the appointment of directors, director KYC, commencement of business, etc. Almost everything under the company law happens with the help of a form. Hence, one must be aware of these forms to run your business smoothly in India. The current blog will give you an idea regarding the forms under the Companies Act 2013. 

What are the Key Forms Under the Companies Act 2013?

Forms under the Companies Act 2013 that have been given to complete the various procedures. These forms under the Companies Act 2013 have their own importance, and it is really important to know about them, especially for those who have registered their entity under the Companies Act.  Some of the key forms under the Companies Act 2013 are given below: 

Forms for the Incorporation of the Entity 

  • INC-32 is for the preservation of the name of the entity 
  • INC-33 concerns the Memorandum of Association of the company 
  • INC-34 is for the Articles of Association of the company 
  • INC-35 is a part of Spice+Part B, which is also known as the Agile-pro form
  • INC-9 is a form for the declaration of the first director and the first shareholder of the company 
  • INC-8 is the declaration of the professional person that all the directors comply with the law  

Forms for the Compliance of the Company 

  • ADT-1 is a one-time compliance which is related to the appointment of the auditor of the company which is one of the important forms under the Companies Act 2013 
  • INC-20A is a form that needs to be filed within 180 days of the incorporation of the entity. This form is related to the commencement of the business. 
  • If any of the directors of the company have an interest in another company, then they have to show that through Form MBP-1
  • Through Form DIR-8, directors need to show that they are qualified enough to become the director of the company and not disqualified to become the director of the company. 
  • MSME-1 needs to be filed only when there is a pending amount of the MSMEs from the last six months
  • To show regarding the deposits which the company is not treating as deposits but as loans, the company needs to file DPT-3 
  • AOC-4 needs to be filed within 30 days of the annual general meeting of the company 
  • MGT-7 needs to be with respect to the board of meetings, committee meetings, shareholding transactions, etc within 60-days of the AGM 
  • If any kind of change has been done or introduced in the company, then Form MDT-14 must be filed. 
  • DIR-3 needs to be filed for the KYC of the directors of the entity. 
  • If a company wants to return the deposits as loans, they need to fill out one of the forms under the Companies Act 2013, which is known as DPT-3

List of Important Forms Under the Companies Act 2013 

There are multiple important forms under the Companies Act 2013, but it is not possible to cover all of them. Hence, we have come up with certain important forms under the Companies Act 2013, which are prescribed below: 

FormDetail Types of Forms 
CRA-1Cost record maintenance  Physical Form 
CRA-2Appointment of cost auditor E-Form 
CRA-3This form is pertaining to the format of the cost auditor report Physical Form 
CRA-4Filing of the cost auditor report E-Form 
INC-20ACommencement of the business activitiesE-Form 
MBP-1Declaration of interest by the directors of the companyE-Form 
SH-7Change in the company’s authorised capital must be addressed to the ROCE-Form 
STK-1Companies name removal related notice Physical Form 
STK-2Application of removal of the name of the company from the ROC by the company itself E-Form 
RSC-1To confirm whether there is any reduction in sharecapital or not an application through this form will be made before the tribunal Physical Form 
PAS-3Allotment of the sharesPhysical Form 
ADT-1With respect to the appointment of the permanent or temporary auditor of the company E-Form 
ADT-2Through this form application for the removal of the auditor before the expiry of its tenure has been filed before the registrar of the companies E-Form 
ADT-3With respect to the resignation of the appointed auditor of the company E-Form 
ADT-4Tis this form company can report any suspected fraud by the auditor of the company to the central goverment directly Physical Form 
INC-1Reservation of the name of the entity E-Form 
INC-3Nominee’s consent-related form with respect to OPC E-Form 
INC-4Change of the nominee of the OPC E-Form 
INC-5Intimation by the OPC regarding exceeding the share capital of the company E-Form 
INC-6OPC conversion into Pvt. Ltd. Company or Ptv. Ltd. Company into OPC E-Form 
INC-11 After the registration process, ROC issues an incorporation certificate through this form. Physical Form
INC-11AWhen the unlimited company was converted into a limited company then an incorporation certificate through this form was issued  Physical Form
INC-11BWhen the company is limited by guarantee got converted into a company limited by shares, then an incorporation certificate through this form will be issued Physical Form
INC-13MOA of the company Physical Form
INC-14 Declaration of professionals Physical Form
INC-15Declaration of the person who is making application Physical Form
INC-16/17Isuence of license for the section 8 companies which are a form of NGO Physical Form
INC-22Change in the premises or registered address of the company E-Form 
INC-22AVerification of the companies which are active as well as their tagging E-Form 
INC-24Application for the change with respect to the name of the company E-Form 
INC-25After the name got changed a new certificate of incorporation got issued under this form Physical Form
INC-25AAdvertisement regarding the conversion of a public company into a pvt. Ltd. company Physical Form
INC-26Change in the registered address of the company from one state to another or one UT to another Physical Form
INC-27Either transformation of public company into private or private company into public E-Form 
INC-28Notice regarding or with respect to court as well as other competent authorities E-Form 
INC-32Simplified proforma E-Form 
INC-33e-MOA E-Form 
INC-34e-AOA E-Form 
INC-35Application for the GST Registration, ESI registration, PF Registration etc. E-Form 
RD-1Change in the financial year E-Form 
RDGNL-5 Rectification if any mistake got committed in the change in the financial yearE-Form 
SH-10Shares and other securities register. Physical Form 
DPT-3It is related to the return of the deposits of the company E-Form 
DPT-4Statement regarding the existing deposits of the company Physical Form 
CHG-1Application for the creation, modification and registration of the chargesE-Form 
CHG-2Certificate with respect to registration of the charge of the company Physical Form 
CHG-3Certificate with respect to modification of the charge of the company Physical Form 
CHG-4Satisfaction with the chargesE-Form 
MGT-1Thif form is for the registration of the members of the company Physical Form 
MGT-2This form is for the registration of the holder of the debentures or any other form related to the securities Physical Form 
MGT-3A notice related to the charge of the company serves under this section Physical Form 
MGT-7Annual return filing with respect to the company. It is one of the very important compliance of the company Physical Form 
MGT-9It is related to the extract of the annual returns Physical Form 
MGT-11This particular form is with respect to the appointment of the proxy in the meeting of the company Physical Form 
MGT-12Related to the paper polling Physical Form 
MGT-13Report with respect to the polls in the meeting of the company Physical Form 
MGT-14If the special resolution was passedE-Form 
MGT-15Form related to the filing og the report with respect to the annual general meeting of the company Physical Form 
BEN-1 Declaration by the main owner of the company especially when there is the single owner of the company Physical Form 
BEN-2This form is pertaining to the substantial beneficial ownership with respect to the companyPhysical Form 
AOC-1Statements related to the salient features of the financial statements has been given under this form Physical Form 
AOC-2Contracts and arrangement-related details have been given under this form of the company Physical Form 
AOC-3Statements related to the salient features of the audited financial statements has been given under this formPhysical Form 
AOC-3ADetailed statements with respect to the financial statements that needs to be filed by the companies has been given under this form of the companies Physical Form 
AOC-4This form is completely related to the filing of the financial statements of the companyE-Form 
AOC-4 (XBRL) This form is completely related to the filing of the XBRL documents with respect to the financial statements of the companyE-Form
AOC-4 (CFS) For the filing of the consolidated financial statements of the company E-Form
AOC-4 (NBFC) Form to file the financial statements of the NBFCsE-Form
AOC-5Notice pertaining to the address at which books of accounts has been maintained by the company E-Form
DIR-2Consent of an individual to act as the director of the company Physical Form
DIR-3Application has been submitted to get the DIN E-Form 
DIR-3 (KYC) KYC with respect to all the directors of the companyE-Form 
DIR-3ADeclaration by the individual who is applying to become the director of the company Physical Form 
DIR-3BDIN related intimation to the company Physical Form 
DIR-3CIntimation by the company with respect to the DIN to the registrar of the companies E-Form 
DIR-5If one wants to surrender the DIN needs to file this form for the same purpose Physical Form 
DIR-6Intimation regarding changes in the DIN application E-Form 
DIR-8Intimation with respect to the qualification of the directors of the company Physical Form 
DIR-9Intimation of the disqualification of the director of the company Physical Form 
DIR-10Intimation with respect to the removal of the disqualified director of the company Physical Form 
DIR-11In case of resignation one notice regarding the same to be served to the registrar of the companies by the director itself E-Form 
DIR-12Change in the number of directors of the company E-Form 
MR-1Return with respect to the appointment of the specific directors E-Form 
MR-2Appointment and reappointment of the specific directors e-Form 
MR-3Secretarial audit report format has been given under this form Physical Form
CAA-1Statement related to the creditor responsibility Physical Form
CAA-2Meeting of creditors and members of the company related notice Physical Form
CAA-10Declaration of the solvency Physical Form
CAA-11Scheme of merger regaled approval notice Physical Form
MSME It is related to any payment which is due against the goods and services of the MSME since six months E-Form 
Form-l XBRL Cost audit report related XBRL documents E-Form 
Form-A XBRL Compliance report related XBRL documents E-Form 
Form-23DInformation to the central government by the cost auditor E-Form 

Conclusion 

Companies Act of 2013 in India lays out a fair and complete framework of the oppression and management of various corporate entities, from private limited companies to public limited companies and more. To ensure compliance and facilitate different corporate processes, a wide array of forms under the Companies Act 2013 have been prescribed. These forms cover a multitude of functions, including company incorporation, compliance requirements, changes in company structure, and financial reporting. Familiarity with these forms under the Companies Act 2013 is essential for anyone operating a business in India, as they play a pivotal role in ensuring legal and regulatory adherence, thereby enabling the smooth functioning of corporate entities under the Companies Act of 2013.

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