Condonation of Delay for not filing Form MGT-14

Draft Documents For Condonation of Delay For not filing Form MGT-14 in prescribed time

(Suo moto application for condonation of delay in filing of E-Form MGT-14 under section 460 (b) of the Companies Act,2013. )

 

DRAFT FORMAT

Date : 

To

The Secretary,

Ministry of corporate affairs,

Shastri Bhawan, New Delhi 

Subject – Suo moto application for condonation of delay in filing of E-Form MGT-14 under section 460 (b) of the Companies Act,2013.  

(Reference – Purpose 

With reference to the above subject, we hereby submit as under:- 

1.      Details of applicant – The Company M/s ……………, was originally registered on 09/09/1970 under the Companies Act, 1956 vide CIN.............. The registered office of the company is situated at............... The authorized capital of the company is INR .................... (...................... only) divided into ..................../- ( .................thousand) equity shares of INR 10 (Ten) each and the paid up share capital of the company is INR 2..................(.......................only) divided into ...................Equity shares of INR 10 (Ten ) each.

 

The objects of the Company are set out in clause III A of the Memorandum of Association of the Company annexed as an annexure I.

 2.     Jurisdiction – Condonation of delay under section 460, Notwithstanding anything contained in this Act, 2013

(a) Where any application required to be made to the Central Government under any provision of this Act in respect of any matter is not made within the time specified therein, that Government may, for reasons to be recorded in writing, condone the delay; and

(b) Where any document required to be filed with the Registrar under any provision of this Act is not filed within the time specified therein, the Central Government may, for reasons to be recorded in writing, condone the delay.

That the applicant declares that the Central Government has jurisdiction to entertain this application under section 460 (b) of the Companies Act, 2013. 

 3.      Facts of the case – The applicant Company hereby state that it had passed the Resolutions under section 196 read with rules made there under and other applicable provisions of the Companies act 2013 in its board meeting held on May, 22, 2014and Extra Ordinary General Meeting held on June 16, 2014 for Re-appointment of Mr. ........(DIN:’) as Managing Director of the Company with effect from May 22,2014 for a period of five years.

As per section 117 read with rules made there under and other applicable provisions of the Companies Act 2013, a board resolution is required to be filed in E-form MGT-14 within 30 days with normal fees and within 300 days with additional fees i.e. on or before March 19, 2015. Also as per section 196, a return in prescribed form MR-1 is also required to be filed within 60 days of such appointment i.e, on or before August 14, 2014 but the company could not file said E forms i.e, MGT-14 and MR-1 in prescribed time.

 The copy of resolutions annexed with this application as an annexure – II. 

4.     Reason – The non-filing of resolutions in E-form MGT-14 and MR-1 occasioned due to the reason that the assignment of filing the said forms was given to an external consultant, who could not file the same due to his pre-occupations elsewhere. Further at that time the company had no full time company secretary in employment who could do the compliances well in time and co-ordinate with the management and external consultant of the company with respect to such timely filings. The default came into notice of the Company when the management was doing due diligence of the records of the Company.

 Further in this regard it is stated that the alleged offence of delay in filing of E-forms MGT-14 and MR-1 was committed due to inadvertence that it was without any willful or mala fide motive and was purely unintentional.

5.      Relief Sought – That the non-compliance of the provisions of section 196 read with rules made there under and other applicable provisions of the Companies act 2013 for Non filing of E-form in MR 1 and for non-filing of resolutions passed under 117 of the Companies Act, 2013 in MGT-14 be condoned as the company never had any mala fide intentions.

For ………………. Limited

 

Director

 

LIST OF ENCLOSURES

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S. No.                   PARTICULARS                                                                            ANNEXURE NO.

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1.   Copy of the Memorandum and Articles of association of the Company  I    
2.   Copy of Resolutions for ..........................................................................................         II

3.   Copy of Board Resolution authorizing M/s ...................................................., III

Companies Secretaries to represent the Company.................................      

 

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Thanks & Regards

RAVI GARG (CS)    

91-7838204665, 

 

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