TOPIC TO BE COVERED

• FORM-INC 20A

• FORM DIR-3 (KYC)

• FORM-INC 22A

• FORM MSME

• FORM DPT-3
 INC-20A : Commencement of Business Certificate

Applicability :
 Companies registered on or after 02 November 2018 are
required to file Declaration for Commencement of Business
with Registrar of Companies.

Due Date
 Within 180 Days of Its Incorporation.

Attachments :
 Subscribers Proof of Payment for the value of shares (Bank
Statement of Company) if in Case Bank Statement is not
Available then Valid Payment Proof Like NEFT/ IMPS Receipts.
 Certificate of Registration issued by the RBI (Only in case of
Non-Banking Financial Companies)/from other regulators.
 INC-20A : Commencement of Business Certificate

Consequences of non-filing/incorrect filing :

 Additional Penalty as Per Slab Define in the Form

Penalty for not obtaining Commencement of Business:

 Company Rs 50000.
 Every Officer in Default Rs 1000 per day but maximum
Up to 100000.

Consequences if Form is not Filled within time :

 A company cannot Start its business.
 A company cannot Borrow Money.
 DIR-3 (KYC) : DIRECTOR KYC

Applicability :
 For Financial year 2018-19 - Any person who has been
allotted DIN/DPIN on or before 31st March 2018 and the
status of such DIN is ‘Approved’, needs to file form DIR-3 KYC
on or before 15th September 2018.
 For FY 2019-20 Onwards - Every Director who has been
allotted DIN on or before the end of the financial year, and
whose DIN status is ‘Approved’, would be mandatorily
required to file form DIR-3 KYC before 30th April of the
immediately next financial year.

Consequences :
 After expiry of the respective due dates, system will mark all
non-compliant DINs as ‘Deactivated due to non-filing of DIR-3
KYC’.
 DIR-3 (KYC) : DIRECTOR KYC

Information to be Furnished (Attachment):

 Name, Father’s Name , DOB, PAN Number (mandatory for
citizens of India)
 Personal Mobile number and Email Address

 Adhar is mandatory, if it is assigned. If not, then Voter ID or

Passport or Driving License shall be attached.
Its Effect
 Last Oct MCA Disabled over 10-12Lakhs DINs due to Non-
Compliant out of total 32Lakh Director. It help to Find out
GHOST Directors.

After Bringing in Disclosure norms for Companies and Directors,

the MCA has now Directed its watchful gaze on CA, CS, CWA.
The MCA will soon Launch a Mandatory KYC for over three lakh
Professional functioning in the Country.
INC-22A : Active Company Tagging Identities & Verification

Applicability :
 Every company incorporated on or before 31st December,
2017 shall file form INC-22A about the particulars of the
company like details of registered office, Directors, KMP,
Statutory Auditors, Cost Auditors, Annual Filing status.

Due Date :
 Company is required to file form INC-22A (ACTIVE) on or
before 25thApril, 2019. (Date Extend to 15th June 2019)

Not Applicable to Following Companies :

 Struck off companies, Under process of striking off Co.
 Under Amalgamation Co.
 Under Liquidation Co.
 Dissolved Co.
INC-22A : Active Company Tagging Identities & Verification

Consequences of non-filing :
 After Due Date there is a Penalty of Rs. 10000

 Status of the company will be marked as (Active-Non-

compliant) on the master data on MCA Portal from the date
26th April, 2019.

 Company will not be able to file the following forms :

I. SH-7 (Changes in Authorized share capital)
II. PAS-3 (Change in paid up capital)
III. DIR-12 (Change in director except for resignation
purpose)
IV. INC-22 (Change in registered office)
V. INC-28 (in case of amalgamation/demerger)
 FORM MSME
What is MSME Form :
MSME Form required to filed by all Companies who get supplies of
goods or services from micro and small enterprises AND Whose
payments to micro and small enterprises suppliers is due more than 45
days from Date of acceptance.

Periodicity of Return :
 Initial/One Time Return : By 21st February
 Half Yearly : April to September : By 31st October
 Half Yearly : October to March : By 30th April

Information to be Furnished :
 Details of all outstanding dues to MSME Suppliers

 Reason for Delay of Payment

 FORM MSME

Meaning of Micro and Small Enterprises :

MICRO ENTERPRISE: Investment in Plant and Machinery Does not
Exceed 25 Lakh for Manufacturing Sector (10Lakhs in case of Rendering
of Services)

SMALL ENTERPRISES : Investment in Plant & Machinery is more than 25

Lakh but does not exceeds 5 Cr for Manufacturing Sector ( Investment
in equipment is more than 10Lakh but does not exceeds 2 Cr in case of
Service Sector)

Consequences of non-filing/incorrect filing :

 For Company : Fine (May extend Up to Rs 25000)

 For officer in default : Fine (Minimum 25000, maximum 300000) or

Imprisonment (may extend up to 6 months) or Both.
 FORM DPT-3 : RETURN OF DEPOSIT

What is form DPT-03 :

 DPT-3 is a return of Deposits or particulars of
transaction not considered as deposit or both which
is to be filed by every company, other than :
 Government Company, Banking Company, non-banking
financial
 A Company registered with the Reserve Bank of India
 A housing finance company registered with the National
Housing Bank established under the National Housing
Bank Act, 1987

Periodicity of Return :
 One Time Return : By 29st June (i.e. Within 90days
at the End of Financial year)
 Annual Return : 30th June (3 Months at the End of
Financial Year)
 FORM DPT-3 : RETURN OF DEPOSIT

Information to be Furnished :
 One Time Return : We need to Fill the Amount Received after
01/04/2014 and Outstanding on 31/03/2019
 Annual Return : We need to Fill the Amount Outstanding on
31/03/2019 Received at any time.

Some Examples :
 Any Amount Received from Director /His Relative
 Unsecured Loan/Secured Loan
 Share Application Received
 Any other Deposit Received

Consequences of non-filing/incorrect filing :

 Additional Penalty as Per Slab Define in the Form
GAURI SHARMA