Withdraw PF Amount Online Using UAN

Process to withdraw money from PF

First of all, visit the website https://unifiedportal-mem.epfindia.gov.in/memberinterface/

After this you have to enter your UAN number, password and captcha code.

Then click on the option of Manage. You will also need to check if your PF account has been KYCed or not.

After this you have to go to the section of ‘Online Services’ and click on the option of CLAIM (FORM-31, 19 and 10C).

Then, click on the option of ‘Proceed For Online Claim’ to submit your claim form.

Keep these things in mind before withdrawing money online

Before making your EPF online, make sure that your Universal Account Number ie UAN is activated.

The mobile number you gave while activating the UAN should also be activated.


Be sure to connect your Aadhaar to the EPFO database before you claim. This will make your electronically KYC and you will get an OTP from Aadhaar Authority while claiming.


You can claim online only if your Aadhaar is registered, otherwise the website will ask you to link Aadhaar to UAN.


Please also give detailed information about the bank account in which you want to receive the claim amount. Such as bank name, account number and its IFSC.


Your PAN number should also be updated on the EPFO website. For this, you have to go to the Manage tab of the member service website.

Should I withdraw my PF?

If you ever think of withdrawing PF from your EPFO A/c for –

  • Spending for any function
  • Depositing in Savings A/c
  • Making FD with any bank
  • Any other type of savings

Then keep in mind the following things :

  1. PF gives you 8.65% compounded interest return which an FD/savings deposit cannot give.
  2. PF is managed by professionally qualified people
  3. PF will be regulated by govt. agencies like EPFO
  4. If you withdraw your EPF money before five years of contribution, your entire EPF withdrawal will be taxable and also the tax benefit you got under Section 80C on self contribution will be reversed
  5. You will not be eligible for pension under EPS scheme if you do not contribute 10 yrs to the PF A/c
  6. The deposits are insured under EDLI scheme

Considering the above facts, it is advisable to withdraw your PF amount only if the returns from the amount invested elsewhere would outperform the PF returns.

For example, Gold gives you, say 12%(which is more than PF returns of 8.65%) CAGR return in 5 yrs, then you can withdraw PF and invest in gold subject to analysis regarding tax implications and market volatility risks related to Gold.

It is further advisable to transfer your EPF as well as Employees’ Pension Scheme (EPS) money when you change your job.

The last but not least – Think before you Act

EPFO : EPF Limit Employees 20 or more registration mandatory

Employers contribute towards their Employees’ Provident Fund (EPF) at the rate of 12% of the basic salary from which 8.33% of their individual monthly salaries goes into the Employees’ Pension Scheme (EPS). However, this contribution cannot exceed Rs 1,250 i.e. 8.33% of Rs. 15,000 per month in the EPS Scheme.

0.5% of the total income of an employee, up to a maximum of Rs. 15,000 monthly salary, has to be contributed by his/her employer every month against the Employees’ Deposit Linked Insurance (EDLI) Scheme.

Annually, the employer’s contribution towards Employees’ Deposit Linked Insurance Scheme (EDLI) cannot exceed a maximum of 0.5% of Rs. 15,000 monthly salary

12% of Rs. 15,000, or 12% of (Basic Income + Daily Allowance, if applicable), not exceeding Rs. 15,000 in a month, has to be paid by the employer and the employee as EPF contribution.

 

ALSO READ : FOR TDS FROM SALARY, YOU WILL HAVE TO CHOOSE YOUR TAX REGIME NOW : CBDT CIRCULAR

Registered Mobile Number से 011-22901406 पर मिस्ड कॉल देकर सेकंड्स में जानें अपना पीएफ बैलेंस

Know your PF balance in seconds by giving a missed call from Registered Mobile Number on 011-22901406.

The limit of deposit in provident fund has been increased to ₹ 5 lakh per year, for which tax exemption on interest will continue if the employer does not contribute : Finance Minister

New PF Tax Rule: If employers do not contribute then the limit of tax free investment in PF is 5 lakhs.

During Budget 2021, Sitharaman announced interest earned on EPF contribution (employee contribution only), which is more than Rs 2.5 lakh from April 1.

Finance Minister Nirmala Sitharaman on Tuesday increased the deposit limit in Provident Fund to ₹ 5 lakh per year, for which tax exemption on interest will continue if the employer does not contribute.

read more at : EPFO retains interest rate at 8.5 per cent for 2020-21

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Notification- Exclusion of employees of Regional Rural Banks from the purview of EPF & MP Act, 1952

EMPLOYEES’ PROVIDENT FUND ORGANISATION
MINISTRY OF LABOUR & EMPLOYMENT, GOVERNMENT OF INDIA
Head Office
Bhavishya Nidhi Bhawan, 14, Bhikajji Cama Place, New Delhi-110066
Website: http://www.epfindia.gov.in, http://www.epfindia.nic.in

Phone No. 011-26196236, Fax. 011-26168431, Email- rc.pension@epfindia.co.in

No. Pension.I/17(3)19/RRB

Date: 15.02.2021

To

All Zonal ACCs

Sub: Exclusion of employees of Regional Rural Banks from the purview of EPF & MP Act, 1952 — Regarding

Sir,

With reference to the above cited subject, it is hereby informed that the matter regarding exclusion of employees of Regional Rural Banks from the purview of EPF & MP Act, 1952 has been examined at the Head Office and it is observed that RRBs got excluded from purview of EPF & MP Act, 1952 in the consequence of judgement dated 25.4.2018 of Hon’ble Supreme Court of India in SLP No. 39288 in which the judgement of Hon’ble high Court of Rajasthan dated 23.08.2012 in D.B. Civil Special Appeal (W) No. 2021/2011 in SBCWP No. 4366/2005 was upheld. Accordingly, the field offices of EPFO, with which the RRBs are registered, are required to take consequential action pursuant to exclusion of RRBs i.e. the payment of transfer value of the Pension accumulation in respect of employees of RRBs which are excluded from the purview of the Employees’ Pension Scheme 1995 as per the stated judgement.

Provisions for transfer of accumulations out of the Pension Fund in respect of members exiting EPS 1995 are contained in para 39-B thereof. The accumulations of employees of RRBs may also be transferred to the respective Pension Funds as per the modalities prescribed in the indicated paragraph.

However, employees of the RRBs who became eligible for pensionary benefit under EPS, 1995 prior to the date of exclusion from EPF & MP Act, 1952, will continue to receive such benefits from EPFO. No transfer of accumulations of such employees, therefore, will be required.

Yours faithfully

( R.M Verma)
AC (PENSION)

EPFO retains interest rate at 8.5 per cent for 2020-21

The Central Board of the EPFO today recommended 8.5 per cent annual rate of interest for the financial year 2020-21. The decision was taken in the 228th meeting of Central Board of Trustees, EPF which was held on Thursday in Srinagar, Jammu & Kashmir under the chairmanship of Labour Minister Santosh Kumar Gangwar. 

The Minister informed that the interest rate would be officially notified in the government gazette following which EPFO would credit the rate of interest into the subscribers’ accounts. Since the year 2014 EPFO has consistently generated returns not less than 8.5 per cent. EPFO over the years has been able to distribute higher income to its members, through various economic cycles with minimal credit risk. Considering the high credit profile of the EPFO investment, the interest rate of EPF is considerably higher than other comparable investment avenues available for subscribers.

EPFO has extended its provident fund, pension and insurance benefits to all employees of existing establishments covered under the erstwhile JK PF Act as well as the employees of newly covered establishments. EPFO has set up Regional Offices at Srinagar, Jammu and facilitation center at Leh.

The social security coverage of establishments under EPF in Jammu and Kashmir and Ladakh has increased by 38 per cent, from 3458 on 31st October 2019 to 4754 on 31st January 2021. The benefits of social security schemes of EPFO in these UTs have been extended to 2.11 lakh subscribers by January this year as compared to 1.29 lakh in October 2019, registering a remarkable growth of 63 per cent.

read more at : Ease of living Index- 2020 released

No retro taxation on interest earned for EPF/GPF contributions of over ₹2.5 lakh

1. Crux / Summary in Brief
Interest of more than ₹2.5 lakh earned annually from contribution to Employees Provident Fund (EPF) or Government Provident Fund (GPF) will not be taxed retrospectively, Expenditure Secretary TV Somanathan clarified.
 
️2. Announcement was made at:
BusinessLine webinar on ‘De-coding the Budget 2021-22’.
The webinar was powered by HDFC Bank with BSE as an associate sponsor.
 
3. EPF taxation
EPF is the only saving instrument where one gets tax exemption at the time of contribution, then on the accumulation and, finally, at the time of withdrawal. This is called EEE (Exempt-Exempt-Exempt) mechanism.
 
4. Additional info – Exemption
  • GPF and EPF flows into an account above ₹2.5 lakh will be directed to a separate sub-account. 
  • The primary account including your past balance as on March 31, 2021 will always remain tax free; 
  • Interest will also not have to be declared.
5. Source of this information:
Disclaimer: Every effort has been made to avoid errors or omissions in this material. In spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of in the next edition. In no event the author shall be liable for any direct, indirect, special or incidental damage resulting from or arising out of or in connection with the use of this information.

EPFO Interest amount credit started! Check your balance by sending an SMS

The Labor Ministry decided to notify the 8.5 percent interest rate for 2019-20 on the Employees Provident Fund (EPF), a retirement fund with more than six crore account holders, after getting the consent of the Finance Ministry.

Balance can be detected through SMS

For this, you need to send EPFOHO to 7738299899. Your PF information will be received through the message.

Know balance through missed call

Make a missed call from your registered mobile number on 011-22901406. After this, PF details will be received through the message of EPFO.

How to download e-passbook

Step 1: – Login to the EPFO ​​website. Click on e-passbook at epfindia.gov.in

Step 2: – After clicking on the e-passbook, a new page will come to passbook.epfindia.gov.in.

Step 3: – Here you have to fill your username (UAN number), password and captcha.

Step 4: – After filling all the details, they will come to a new page and member ID will have to be selected here.

Step 5: – Here you will get your EPF balance on e-passbook.

read more at STEP BY STEP PROCESS TO FILE ECR

Union Cabinet approves Atmanirbhar Bharat Rojgar Yojana

Union Cabinet approves Atmanirbhar Bharat Rojgar Yojana

Union Cabinet has approved Atmanirbhar Bharat Rojgar Yojana at an expenditure of Rs 1,584 crore for the current financial year. An amount of Rs 20,810 crore has been approved for the entire Scheme period 2020-2023. Under the scheme, the government will provide subsidy for two years in respect of new employees engaged on or after 1st October, 2020 and upto 30th June, 2021. The government will pay both 12 per cent employees’ contribution and 12 per cent employers’ contribution that is 24 per cent of wages towards EPF in respect of new employees in establishments employing upto 1,000 employees. EPFO will credit the contribution in Aadhaar seeded account of members in electronic manner. 

also read Team of Foreign Heads of Missions visits India

also read CBIC issues FAQs on Quarterly Return Monthly Payment (QRMP) Scheme in GST

EPFO redressed over 164000 grievances & queries through WhatsApp mechanism

EPFO redressed over 164000 grievances & queries through WhatsApp mechanism

Employees’ Provident Fund Organisation -EPFO has redressed more than one lakh 64 thousand grievances and queries through WhatsApp mechanism.Ministry of Labour and Employment in a statement said that this has led to decline in registration of grievances and queries on social media like Facebook and Twitter by 30 per cent and on EPFO’s online
grievance resolution portal by 16 per cent since the launch of WhatsApp helpline numbers. To further enhance ease of living experience for its members, EPFO has recently launched WhatsApp based helpline-cum-grievance redressal mechanism, under its series of Nirbadh initiatives. The initiative aimed at ensuring seamless and un-interrupted service delivery to
subscribers during COVID-19 pandemic. This new grievance redressal mechanism using Whatsapp has gained immense popularity amongst EPFO’s stakeholders.

Thanks for reading “EPFO redressed over 164000 grievances & queries through WhatsApp mechanism”

EPFO recruitment for the post of Assistant Director, apply this way

EPFO has vacated several cities for 27 posts of Assistant Director. These recruits are for Delhi, Mumbai, Kolkata, West Bengal, Hyderabad and Telangana.

These include 05 posts in Head Office Delhi, 06 posts in North Zone Delhi, 05 posts in West Zone Mumbai, 05 posts in South Zone Hyderabad, 06 posts in East Zone Kolkata.

The EPFO ​​(Employees Provident Fund Organization) has sought applications for the posts of Assistant Director (Vigilance). Whose final candidates can apply till 2 November 2020.

Candidates will have to adopt a fixed format made for EPFO ​​2020 to apply to these posts. For this, they have to send their applications on Shri Brijesh K. Mishra, Regional Provident Fund Commission (HRM), Provident Fund Building, 14 Bhikaji Cama Place, New Delhi-110066 on or before 2 November.

Website Link :- https://www.epfindia.gov.in/site_en/index.php

Employee’s Contribution – Employer’s Income

While auditing the statutory payments, the foremost thing we focus on is whether the EPF & ESI contributions of employees were paid into the respective Govt. A/cs within the due date or not.

What if the employer hasn’t deposited the same within the due date?

Would there be any consequences for such a small thing?

Yes, my dear viewers. This has got a far-reaching impact on the Employer’s Total Income. Before getting into detail, let us understand a clause in the income definition under Income Tax Act,1961.

Well noted statutory contributions

Section 2(24) of the Act gives statutory definition of the income. It specifically included the following clause :

Clause (x) :- Any sum received by the assessee from his employees as contributions to any provident fund or superannuation fund or any fund set up under the provisions of the Employees’ State Insurance Act, 1948 (34 of 1948), or any other fund for the welfare of such employees is considered as Income.

So, from the above clause, it can be understood that the employee contribution towards EPF & ESI will be constituted as income in the hands of the employer. But logically speaking, how can it be considered as income in employer hands, where he actually remits the same into the employee’s EPF/ESI A/c ?

Section 36 (Other Deductions for PGBP income) clarifies the above doubt.

Clause (va) of Section 36 states that any sum received by the assessee from any of his employees to which the provisions of sub-clause (x) of clause (24) of section 2 apply, if such sum is credited by the assessee to the employee’s account in the relevant fund or funds on or before the due date as Specified in the Respective Act is allowed as a deduction.

So, even though the employer considers the employee’s contribution as a liability in his books of accounts, it is actually treated as his income as per Income Tax Act, 1961.

Finally, if the employer fails to deposit EPF/ESI/any other statutory contribution from employee along with employer’s contribution within the due date of the Respective Acts –

  1. Employee’s contribution will be treated as income in Employer’s hands &
  2. Employer’s contribution will not be allowed as an Expenditure u/s 36 of the Act.

So, failing to comply with the due date has got a double impact on the Employer’s Total Income. That is why, we (auditors) , in the course of audit, verify whether the statutory payments like EPF,ESI etc. were paid within the due date or not.

For your kind info. –> Due date for EPF & ESI is the 15th of the next month.

EPF COVID Special: Due Date for Feb and March 2020 is 15th May 2020

ESI COVID Special: Due Date for Feb is 15th April 2020 and for March 2020 is 15th May 2020

The above dates are applicable for FY 2019-20 & AY 2020-21.

Thank for reading “Employee’s Contribution – Employer’s Income“

Read more at : Deposit Insurance Scheme

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PRADHAN MANTRI GARIB KALYAN YOJNA

Pradhan Mantri Garib Kalyan Yojna

The Pradhan Mantri Gareeb Kalyan Yojna (PMGKY) is now more than 4 months old but it is observed that some of the employers that have the link showing that they are eligible for PMGKY benefit have not filed the ECR. When you login, the eligible employer get the message about the PMGKY eligibility. The eligibility is decided by the system based on the data and the Scheme Rules. The list of eligible members is also available in your login.

If you have not filed ECR for any or more than one month from March 2020.

 If your establishment is found eligible, the link for declaration must be
appearing in your login.

 Please file your declaration and then the ECR to avail the benefit.

 The option for declaration is given to ensure that you have not actually
employed more than 100 employees. So the option to disagree is given.

 If you have wrongly declared as disagreed, you can edit the declaration for that month in case you have not already paid against the ECR.

 Please Note: Another requirement in the declaration is to enter the total
number of employees engaged by you and the number of employees with
wages under 15000/- (less than 15000/- that is up to 14999/-). This is the EPF
Wages. The system calculates if the number of employees with less than
15000/- wages is not less than 90%.

 Here also if the number is wrongly entered by mistake you can edit the
declaration if not paid for that month.

 If payment is made against ECR the declaration cannot be edited.

 Once your declaration is successful, the system will check the ECR as per
Scheme and in cases where the member is eligible upfront benefit is given.
Where the Aadhar is not validated, the code GK0007 will be displayed and
when the Aadhar is validated later you will get the reimbursement. How to
get the reimbursement is explained below.

 In case of any other error code the reason is explained and the employer can make correction in ECR to avail the benefit against all the eligible members. He should cancel the uploaded ECR and then file the corrected one.

If you have filed the ECR before the Scheme is announced

 As you have already filed the ECR and did not get the benefit, but you are
eligible, then you are entitled for reimbursement.
 For claiming the reimbursement, you need to update the Form 5A from your login and upload the bank details and scanned copy of a cheque.
 In your login you have a link to declare the bank account in which you want the reimbursement money. Establishment >> PMGKY Bank Account Registration.

Reimbursement against the non-Aadhar validated accounts

Against the members whose Aadhar were not validated at the time of ECR filing, you will get the reimbursement when the Aadhar is validated. So all the employers who did not get the upfront benefit against the eligible UANs
because Aadhar was not validated, the declaration of the bank account will enable them to get the benefits reimbursement.

Thanks for reading “Pradhan Mantri Garib Kalyan Yojna”

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HIGHLIGHTS OF “AATMA NIRBHAR ECONOMIC PACKAGE”

Highlights of “Aatma Nirbhar Economic Package” :

Various measures have been taken to make “Aatma Nirbhar Bharat”. Let’s have a look on all measures :

(1.) MSME

(2.) EPF

(3.) NBFCs :

YOU MAY ALSO LIKE : COVID-19 AND INDIAN TAX REGIME RESIDENTIAL STATUS

(4.) DISCOMs :

(5.) CONTRACTORS :

(6.) DIRECT TAX :

Thanks for watching “Highlights of Aatma Nirbhar Economic Package”

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You May Also Like : Big Relaxation to Life Insurance Policy Holders in the wake of COVID-19

Key highlights :

> IRDAI extended grace period up to 31st May, 2020 for all policies where premium was due in the month of March, 2020.

Overview :

> The Insurance Regulatory and Development Authority of India (IRDAI) vide Circular Ref: IRDAI/Life/Grace Period dated 09.05.2020 has allowed ADDITIONAL GRACE PERIOD FOR LIFE INSURANCE POLICIES in the wake of Covid-19 pandemic.

Key Points :

> First, IRDAI had announced on 23rd March, 2020 and 4th April 2020, additional Grace Period of 30 days for the policies where premium fell due in the months of March, 2020 and April, 2020.

> Now lockdown has been further extended up to 17th May 2020, the Authority has now allowed extended grace period up to 31st May 2020 for all policies where premium was due in the month of March, 2020.

> Kindly note that : Objective of Grace Period allowed is to pay all the premiums due within that period so as to keep the policy coverage in force.

> Life insurance companies are equipped to provide facility to pay premiums online.

> The policyholders are encouraged to make use of this provision so as to minimize their personal visit to the offices of the insurers.

I hope, your all doubts are cleared on “Big Relaxation to Life Insurance Policy Holders in the wake of COVID-19”

Link : https://taxconcept.net/archives/12566

EPFO DUE DATE EXTENDED TO 15th MAY DUE TO COVID-19

EPFO Due Date extended to 15.05.2020. Grace Period Allowed for 30 days (From 16.04.2020 to 15.05.2020)


> Employees’ Provident Fund Organization, India, Ministry of Labour & Employment, Government of India has extended Due date for Filing return vide Circular No. C-I/Misc./2019-20/Vol.II./Part./9 dated 15.04.2020.

> Extension of due date for payment of contributions and administrative charges/Inspection charges due for wage month March, 2020 from 15.04.2020 to 15.05.2020 for establishments disbursing wages for March, 2020.

CRUX :

It is Clarified that the employers who seek to avail the Relief, need to file ECR for wage month March, 2020, on or before 15.05.2020, duly certifying the disbursement of wage to employees by declaring actual date of disbursement of wages for March, 2020.

Link : https://www.epfindia.gov.in/site_docs/PDFs/Circulars/Y2020-2021/GraceperiodMarch2020.pdf

Disclaimer : IN NO EVENT THE AUTHOR SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS INFORMATION.

AUTHOR : CS LALIT RAJPUT (CLICK HERE TO VIEW PROFILE)

FORMAT OF CERTIFICATE/ DECLARATION FOR EMPLOYER TO AVAIL ESIC & EPF RELIEF SCHEME DUE TO COVID-19

In this article, we are coming with Draft Format of Certificate/ Declaration for Employer to Avail ESIC & EPF Relief Scheme due to COVID-19.

Overview

The Govt. of India on 26.03.2020 relief package under Pradhan Mantri Garib Kalyan Yojana (PMGKY) and the Central Govt. proposes to pay 24 % of the monthly wages into EPF accounts for next three months of Wage-earners below Rupees 15,000/- per month, who are employed in establishments having up to one hundred employees, with 90% or more of such employees earning monthly wages less than Rs.15000/-

DRAFT FORMAT OF CERTIFICATE/ DECLARATION FOR EMPLOYER TO AVAIL ESIC & EPF RELIEF SCHEME

“I hereby certify that the information relating to the names of employees who are members of the EPF Scheme, 1952 and/or EPS’ 1995, UANs seeded with Aadhaar of employees, EPF/EPS wages already disbursed to employees, number of excluded employees in the ECR for wage month of March/April/May, 2020 are true and correct.

That I have disclosed names & UANs seeded with Aadhaar of every employee employed in all units/branches/departments as well as number of excluded employees of my establishment in the ECR for wage month of March/April/May, 2020, the total number of employees being ____ (EPF members and excluded employees), out of which _____employees earned EPF/EPS wages less than Rs.15000/- qualifying for Central Govt. relief. I further certify that the Form 5A contains the details of all branches/departments and EPF Code numbers allotted separately to these.

I also certify that monthly wages due to all employees for the month of March/April/May, 2020 has been disbursed and also certify that no deductions towards either employees’ EPF contributions or employers’ EPF/EPS contributions have been made from wages of eligible employees for the month of March/April/May, 2020.

That I have neither suppressed any material information nor omitted any particulars and submitted correct information to avail the relief of employer’s and employees’ share of contributions in r/o eligible employees from the Central Govt. for the month of March/April/May, 2020.

I understand that the employer is liable to refund the relief amount and is also liable for any penal and coercive consequence for submitting any incorrect or false information/declaration to avail the Central Govt. relief.”


Disclaimer : IN NO EVENT THE AUTHOR SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS INFORMATION.

AUTHOR : CS LALIT RAJPUT (CLICK HERE TO VIEW PROFILE)


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FAQs ON CENTRAL GOVT. RELIEF FOR EPF AND EPS CONTRIBUTIONS (24% OF WAGES)

Ministry of Labour & Employment, Government of India, Employees’ Provident Fund Organization, India has issued FAQ’s on Pradhan Mantri Garib Kayan Yojana Package.

Frequently Asked Questions On Central Govt. Relief For Employees’ And Employers’ Contribution For Three Months To Low Wage Earning Epf Members Employed In Establishments With Employment Strength Upto One Hundred.

Q 1 : What is the objective of this Scheme?

Ans : The Central Govt. announced Pradhan Mantri Garib Kayan Yojana Package to help the poor fight the COVID-19 pandemic. As part of this package, with the objective to prevent disruption in the employment of low wage earning employees and support businesses employing less than one hundred employees, the Central Govt. has decided to pay 24 percent of the monthly wages into their EPF accounts for three months.
To implement the package, the Ministry of Labour, Govt. of India has approved Scheme guidelines.

Q 2 : What are the effective months during which this Scheme is being implemented?

Ans : This Scheme will be valid for wage months- March, 2020, April, 2020 and May 2020.

Q 3 : Which are the establishments eligible for getting the benefit of contributions from Central Govt.?

Ans : For any establishment to be eligible for benefits,

(i.) The establishment or factory should already be covered and registered under the Employees’ Provident Funds & Misc. Provisions Act, 1952.

(ii.) The total number of employees employed in the establishment should be up to 100 (one hundred), with 90% or more of such employees should be drawing monthly wages less than Rs.15000/-.

Q 4 : Are all employees of eligible establishment eligible for the Central Govt. relief under this Scheme?

Ans : For an employee to be eligible for benefits,

(i.) Employee should be employed in any eligible establishment earning monthly wages of less than Rs.15000/- and his UAN should be seeded with his/her Aadhaar.

(ii.) Employee should be a member of EPF Scheme, 1952 & Employees’ Pension Scheme, 1995 whose contributions are received for any period during last six months (wage months: September 2019 to February 2020) in the ECR filed by any eligible establishment against his/her UAN.

Such contributions in ECR should have been received on monthly wage of less than Rs.15000/-.

Q 5 : Whether an employee, earning less than Rs.15000/- employed in an eligible estt. who is no longer a member of EPS, 1995 due his attaining age of 58 years but is a member of EPF Scheme, 1952 eligible for relief under this Scheme?

Ans : EPF members who are not EPS members due to completion of 58 years shall be eligible provided other conditions are fulfilled and the contribution from Central Govt. will be credited to his EPF account.

Q 6 : Can you illustrate the verification of eligibility of an EPF covered establishment for benefit under this Scheme?

Ans : If an establishment already covered under the EPF & MP Act, 1952 has remitted contributions in respect of fifty employees for the month of February, 2020, through ECR and on verification of ECR, it is found that for 46 employees (92% of 50 employees), the contributions are paid on wages less than Rs.15000/-, the establishment is eligible.

All the 46 employees earning wages less than Rs.15000/- are eligible for benefit.

If the above situation of total employees up to 100 and 90% or more of employees earning monthly wage of less than Rs.15000/- prevails in wage month of March, 2020, April, 2020 and May 2020, the establishment is eligible for benefit under this Scheme.

Q 7 : What is the quantum of Central Govt. relief under this Scheme?

Ans : The entire employee’s EPF contributions (12% of wages) and employer’s EPF & EPS contribution (12% of wages), totalling 24% of the monthly wages for the next three months shall be directly paid by the Central Govt. in the EPF accounts (UAN) of eligible employees in employed in eligible establishments.

Q 8 : Whether employee is defined for the purpose of this Scheme?

Ans : The definition of employee as contained in sec 2(f) of the EPF & MP Act, 1952 as well as other definitions in EPF & MP Act, 1952 are mutatis mutandis applicable to this Scheme.

Q 9 : Who will be considered as contributory member for determining eligibility?

Ans : Employee, employed in eligible establishment, should be a contributory member of EPF Scheme, 1952 & Employees’ Pension Scheme, 1995, whose contributions are received against his/her UAN for any period during last six months (wage months- September 2019 to February 2020) in the ECR filed by any eligible establishment.

Q 10 : How an eligible employee is benefitted by this Scheme?

Ans : The monthly employee’s EPF contributions @ 12% of monthly wage which is deducted from wage of the employee is now to be paid by the Central Govt. in the EPF account of the eligible employee. So there will be no deduction from wages of eligible employee so he/she will have a higher take home salary.

Since the employer is also supported for employer’s share by the Govt., it prevents loss of employment of low wage earners and ensures payment of wages to employees.

Q 11 : How an employer of eligible establishment is benefitted by this Scheme?

Ans : Employer of eligible establishment is not required to pay his share of EPF & EPS contributions @12% of monthly wage of eligible employees of his establishment and so employer saves this money. This is an incentive to employers of small business to retain all his employees and pay them wages.

Q 12 : Can you illustrate the monetary benefit to an Employee & Employer under this Scheme?

Ans : If an eligible employee draws a monthly wage of Rs.10000/-, Rs.1200/- which was to be paid into EPF by deduction from his monthly wage will now be paid by the Central Govt.

Further, in the above case, the employer is also not required to incur expenditure of Rs.1200/- from his finances as the Central Govt. pays the same.

Q 13 : So, Central Govt. will bear the entire liability under the EPF & MP Act, 1952 for eligible establishments?

Ans : The Central Govt. shall bear the entire liability towards the EPF & EPS contributions of the eligible employees in eligible establishment. The employer of eligible estts, shall continue to pay the EDLI contributions and EPF administrative charges for all employees as well as the EPF & EPS contributions for ineligible employees.

Q 14 : Whether this scheme is applicable to employees in exempted establishment?
Ans: Yes, provided that the establishment meets the eligibility conditions as mentioned in Answer to Q3.

Q 15 : If the UAN is not seeded with Aadhaar, how the validation/seeding is possible in lockdown period?

Ans : Online e-KYC facility is available to member on EPFO Portal as well on UMANG mobile App to self-validate their UAN with Aadhaar without any intervention by Employer. This is in addition to Online Aadhaar validation in member’s UAN by employer.

Since the validation is Online, seeding of Aadhaar in UAN can be completed now also.

Q 16 : Whether the EPFO will communicate with the employers of the establishments found eligible from ECRs of month prior to March 2020?

Ans : Yes, EPFO will send communication in employer’s login to all such establishments for payment of wages to employees and filing of ECR. However, the eligibility will be validated on filing of ECR by employers for the wage months- March, 2020, April 2020 and May, 2020 and also with reference to information furnished in Form 5A.

Q 17 : How the benefits can be applied for and who has to apply, employer or employee?

Ans : The employer in relation to any eligible establishment, is required to disburse salary/wages for the month to all employees of the establishment, without deducting EPF contributions from wages of eligible employees and file Electronic Challan cum Return (ECR) for the month to claim benefit under this Scheme.

Q 18 : Is the employer required to file separate ECR for the eligible employees?

Ans : Each eligible establishment has to file only one valid ECR for each of three months in respect of its total employees both eligible as well as ineligible employees.

Q 19 : Is the employer required to file any other information other than ECR?

Ans : The Form 5A (Ownership return) should contain particulars of all branches and departments of the establishment and also code numbers, if any, taken for administrative convenience for the branches. The employer can update Form 5A online using his approved Digital Signature Certificate (DSC).


Q 20 : Whether the contributions amount has to be initially paid by the establishment and thereafter reimbursed by Central Govt.?

Ans : Once ECR is uploaded by an employer of eligible establishment, the challan will separately show such amounts of employees’ and employers’ contributions as Central Govt. relief due under this Scheme in respect of eligible employees and the remaining amount payable by the employer.

After the employer remits the payment due from him as reflected in challan as noted above, the EPF & EPS contributions in respect of eligible employees will be credited directly in their respective UAN by the Central Govt.

Q 21 : What is the responsibility of employer for availing the benefits?

Ans : The employer must ensure to file correct information, statement or declaration for total number of employees, disbursement of wages, amount of wages in the ECR and full details of establishment in Form 5A. The employer is required to file a certificate/declaration in the format prescribed under 6 (vii) of the Scheme at the time of ECR submission.

If it is discovered that the information furnished or declaration made electronically in ECR or Form 5A or otherwise are false/incorrect, then the employer will be liable to refund the relief and also face the penal consequences for such contravention under the EPF & MP Act, 1952.

Official Source : https://www.epfindia.gov.in/site_docs/PDFs/Circulars/Y2020-2021/FAQonSchemefor3months.pdf

Disclaimer : IN NO EVENT THE AUTHOR SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS INFORMATION.

AUTHOR : CS LALIT RAJPUT (CLICK HERE TO VIEW PROFILE)

FAQs ON EPF ADVANCE TO FIGHT AGAINST COVID-19 PANDEMIC

Ministry of Labour & Employment, Government of India, Employees’ Provident Fund Organisation, India has issued FAQ’s on EPF ADVANCE to fight against COVID-19 Pandemic.

Q1 : Who is eligible for the advance from EPF to fight COVID-19 Pandemic?

Ans. Any member of EPF Scheme, 1952 with UAN (Universal account number) employed in any establishment or factory covered under EPF & MP Act, 1952.

Q2: Under which provision of the EPF Scheme, 1952, a member is entitled for benefit?

Ans: That a new sub-para (3) has been inserted in Paragraph 68L of the EPF Scheme, 1952 through GSR No.225(E) published in the Gazette of India (Extraordinary), Part II- Section 3- sub section (1) on 28.03.2020 to provide for benefit.

Q3: What is the new beneficial provision?

Ans: It is to provide for non-refundable advance from their EPF account to EPF members, employed in factory or establishment located in an area, which is declared to be affected by outbreak of epidemic or pandemic by the Appropriate Govt.

Q4: How can I know whether establishment/factory in which I am employed is in an area declared to be affected by COVID-19 pandemic?

Ans: Since COVID-19 has been declared a Pandemic by the Appropriate Government for the entire country and therefore the employees working in establishments and factories across entire India, who are members of the EPF Scheme, 1952, are eligible.

Q5: Is EPF member required to produce any certificate or document for availing this advance?

Ans: No certificate or documents are to be submitted by member or his/her employer for availing the benefit.

Q6: How much money can I get from my EPF account under this new provision to fight COVID-19 and do I have to refund it?

Ans: You can get non-refundable withdrawal to the extent of the basic wages and dearness allowances for three months or up to 75% of the amount standing to your credit in the EPF account, whichever is less. The amount standing to credit in EPF includes employee’s share, employer’s share and interest thereupon.

Since withdrawal is non-refundable, there is no requirement to refund the amount.

Q7: Please illustrate the calculation of benefits

Ans: If the balance in member’s EPF account as on date is Rs.50,000/- and monthly basic wage and dearness allowance is Rs.15,000/-
75% of balance of Rs.50000/- is Rs.37,500/- & amount of three months wage is Rs.45000/-. So member is eligible to get Rs.37,500/- the least of two amounts.

Q8: How can I claim this amount? Do I need to submit claim form to EPFO Office?

Ans: Like claim for all other types of advances, the claim for this advance also can be filed Online if your UAN is validated with Aadhaar and KYC of Bank account and Mobile number is seeded in UAN.


Q9: Where and how can I file Online Claim?

Ans: On the home page of website- http://www.epfindia.gov.in, under the TAB “COVID-19” on top right hand corner, instructions for filing online advance claim is hosted.

The process is also noted below:
> Login to Member Interface of Unified Portal (Click here to visit site)
> Go to Online Services>>Claim (Form-31,19,10C & 10D)
> Enter last 4 digits of your Bank Account and verify
> Click on “Proceed for Online Claim”
Select PF Advance (Form 31) from the drop down
> Select purpose as “Outbreak of pandemic (COVID-19)” from the drop down
> Enter amount required and Upload scanned copy of cheque and enter your address
> Click on “Get Aadhaar OTP”
> Enter the OTP received on Aadhaar linked mobile.
> Claim is submitted

Q10: Can I file claim through my mobile phone?

Ans: Yes, from your mobile phone you can either

(i.) Login to Member Interface of Unified Portal (Click here to visit site) and follow steps as mentioned in Ans. to Q9 to file claim OR

(ii.) Through UMANG (Unified Mobile Application for New-age Governance) Mobile APP : Home > EPFO > Employee Centric Services > Raise Claim > Login with your UAN and OTP received on your mobile number registered with UAN to file claim.

Q11: Can an employee working in an exempted establishment get the advance to fight COVID-19 pandemic from PF Trust?

Ans: The “Terms and conditions of exemption” in Para 27AA of EPF Scheme, 1952, provides that any amendment to EPF Scheme, 1952, which is more beneficial to the employees becomes applicable to exempted establishments pending formal amendment of Trust Rules.

So, employee of an exempted establishment can withdraw from his PF account maintained with the PF Trust of the establishment by making application to the PF Trust.

Q12: I availed advance recently for illness. Can I avail advance to fight COVID-19 pandemic?

Ans: Yes. This advance can be availed irrespective of advances availed earlier.

Q13: What is income tax rate for advance to fight COVID-19 pandemic?

Ans: Income Tax is not applicable on any advance availed under EPF Scheme.

Q14: I have already applied advance for a different purpose and requested a lower amount. I do not want to avail this advance now and would like to prefer claim for advance to fight COVID-19 pandemic. However, it is not permitted by the portal. What should I do?

Ans: To enable submission of fresh claim for availing this advance, the earlier claim under submission needs rejection. Please send request on email of your jurisdictional Regional Office for rejection of earlier form 31 submitted.

Q15: How long will it take for credit of amount in my bank account after submission of claim for advance to fight COVID-19 pandemic?

Ans: Claims for advance to fight COVID-19 pandemic are being processed on priority considering exigency of the situation.

Q16: KYC is not complete for my EPF account and hence I am unable to file this claim

Ans: The claim for this advance can be filed Online if your UAN is validated with Aadhaar and KYC of Bank account and Mobile number is seeded in UAN. You are requested to complete your KYC by submitting same on Member Portal. If your basic details that is name, date of birth and gender against UAN are same as that in Aadhar, you can link your Aadhar through eKYC Portal. In case of mis-match in KYC details and details in EPF account, please submit online request for demographic detail correction through your employer. The bank account details has to be digitally approved by the employer. For submitting your claim onliney our aadhar linked mobile will get OTP. So your aadhar should be linked with a mobile

Q17: Is it necessary to apply for 75% of PF balance under this provision?

Ans: Withdrawal to the extent of the basic wages and dearness allowances for three months or up to 75% of the amount standing to your credit in the EPF account, whichever is less, is maximum permissible limit. You can apply for lesser amount also.

Q18: I have applied for availing advance under ‘Natural Calamity’ purpose. Will this be treated as advance to fight COVID-19 pandemic?

Ans: No. You have to apply specifically for advance to fight COVID-19 pandemic.

Q19: Will EPFO process advance to fight COVID-19 pandemic despite lockdown?

Ans: Yes. Advance to fight COVID-19 pandemic are being settled on priority to mitigate hardship faced by members.

Q20: I have not left my job. Can I withdraw PF to fight COVID-19?

Ans: Yes. You can avail this advance while still in service.


Official Link/Source:
https://www.epfindia.gov.in/site_docs/PDFs/Circulars/Y2019-2020/covid_faq_claim_04042020.pdf


Disclaimer:
IN NO EVENT THE AUTHOR SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS INFORMATION.

AUTHOR : CS LALIT RAJPUT (CLICK HERE TO VIEW PROFILE)

RAJASTHAN LOCKED DOWN TILL 31st MARCH TO PREVENT COVID FROM SPREADING

Rajasthan Chief Minister Ashok Gehlot on Saturday directed a “complete lockdown” in the state, except for essential services, till March 31.

There will be a “complete lockdown”, barring essential and medical services, in Rajasthan from March 22 till March 31 to contain the spread of novel coronavirus and keep people safe, Ashok Gehlot said in a statement.

Ashok Gehlot took the decision at a high-level meeting with the top officials.

All government offices, malls, factories, public transport etc. will remain shut during the period, he said.

So far, 25 people have tested positive for Covid-19 in the state and report of 40 others are awaited.

“In order to protect the lives of people from coronavirus infection, instructions have been given for complete lock down from March 22 to March 31, excluding essential services across the state,” Ashok Gehlot tweeted.

CORE GROUP TO COMBAT CORONAVIRUS IN RAJASTHAN

A core group has been formed under the guidance of additional chief secretary (ACS) of home Rajeev Swarup.

“In this period of disaster, people should not have any problem related to food. More than one crore families, linked to the National Food Security Act, will get free wheat till May,” Ashok Gehlot said.

“In urban areas, families in need will get food packets. Street vendors and daily wage workers will be given free food packets as well. Food will be distributed in collaboration with the district administration municipalities. Social security pensions will be disbursed in the first week of April. Factory workers will get paid leaves during the lockdown,” Ashok Gehlot said.

Source >>

STEP BY STEP PROCESS TO FILE ECR

Point 1: Login to EPFO portal using your ECR portal credentials:

Once logged in, you can check the details of Establishment Name,Establishment ID, Exemption Status (PF, Pension, EDLI), Establishment Address and PF office.

Point 2: To upload ECR, go to Payments tab >> ECR [UPLOAD]

Point 3: On next screen, i.e. ECR File Upload, click on ‘ECR Help File’ to view the ECR file format

It will appear as shown below:

To upload the ECR, select the Wage Month and Salary Disbursal Date.

Point 4: Select your ECR text file to be uploaded.

An ECR text file appears like the one below:

Select the remaining fields like File Type (Select ECR), Contribution Rate % (Default value is 12%), add comment, and click on Upload Button:

Point 5: Once uploaded, the file will be validated by the portal against the pre-defined conditions.  Once validation is successful, you can see the following screen with ‘Validation Successful’ message:

Click on Verify button to generate TRRN (Temporary Return Reference Number).

noted :-uploaded ECR file fails, you will get an error message.

Point 6: Generate ECR summary sheet by clicking on ‘Prepare Challan’ button.

Point 7: On the next screen, you can adjust “Total EDLI Contributions (ER Share A/C 21)” (if required), enter Administration & Inspection Charges for “Total EPF Charges (A/C  2)” & “Total EDLI Charges (A/C 22).”

Once done, click on ‘Generate Challan’ Button.

point 8: From the challan list page that follows, click on “Finalize” icon after reviewing the Total Amount, under Draft Challan List.  You can also download Acknowledgment File and Receipt File under “In-Process Challan List”.

Point 9:  The finalized ECR (Electronic Challan-cum-Receipt) will look similar to this:

Point 10 Once finalized, you can go ahead and make the payment.  Click on “Pay” button to make the payment:

Point 11: Please select Payment Mode as “Online”, and select the bank from the list from which you wish to make the payment.  Once selected, click on “Continue” and this will navigate you to payment gateway for completing the payment.

COMPANIES (INCORPORATION) AMENDMENT RULES, 2020 WHICH WILL COME INTO FORCE W.E.F. 15th FEB, 2020

G.S.R……..(E)._ In exercise of the powers conferred by sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (lncorporation) Rules, 2020, namely:

  1. Short title and commencement- (1) These rules may be called the Companies (lncorporation) Amendment Rules, 2020.
    (2) They shall come into force with effect from the 15th February, 2020.
  2. In the Companies (Incorporation) Rules, 2014 (hereinafter referred to as the said rules), for rule 9, the following rule shall be substituted, namely:
    “9. Reservation of name or change of name.- An application for reservation of name shall be made through the web service available at www.mca.gov.in by using web service SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus: INC-32), and for change of name by using web service RUN (Reserve Unique Name) along with fee as provided in the Companies (Registration Offices and Fees) Rules, 2014, which may either be approved or rejected, as the case may be, by the Registrar, Central Registration Centre after allowing re-submission of such web form within fifteen days for rectification of the defects, if any, with effect from the 15th February, 2020.”.
  1. In the said rules, in rules 10, 12, sub-rule (1) of rule 19, sub-rules (1),(2),(3), (4), (7) and (9) of rule 38, for the words, letters, figures and brackets,, “Form No INC-32 (SPICe), wherever they occur, the letters, brackets, words and figures “SPICE+ (Simplified Proforma for Incorporating company Electronically Plus: INC-32)” shall be substituted with effect from the 15th February’ 2020
  2. In the said rules, in rule 38, in the marginal heading, for the word, brackets and letters Electronically (SPICE)”, the words, brackets and letters “Electronically Plus (SPICE+)” shall be substituted with effect from the 15th February, 2020.
  3. In the said rules, in rule 38A,-

(i) in the marginal heading, for the words, brackets and letters “and Employees’, provident Fund Organisation (EPFO) Registration”, the words, brackets and letters “,Employees’ Provident Fund organisation (EPFO) Registration and profession Tax Registration and Opening of Bank Account” shall be substituted;
(ii) for the letters “AGILE”, the letters “AGILE-PRO”, shall be substituted;
(iii) after clause (c), the following clauses shall be inserted, namely:
“(c) Profession Tax Registration with effect from the 15th February, 2020
(d) Opening of Bank Account with effect from 15th February, 2020″.

  1. In the said rules, in the annexure,
    (i) for forms”RUN, e-form No. INC-32 (SPICe), and e-form No. INC-35 (AGILE)’ the following forms shall be substituted, namely:

CORPORATE COMPLIANCE CALENDAR FOR THE MONTH OF FEBRUARY, 2020

  • ABOUT ARTICLE :
    • This article contains various Compliance requirements under Statutory Laws. Compliance means “adhering to rules and regulations.”
    • If you think compliance is expensive, try non‐ compliance”
  • COMPLIANCE REQUIREMENT UNDER :
    • Income Tax Act, 1961
    • Goods & Services Tax Act, 2017 (GST)
    • Other Statutory Laws
    • Foreign Exchange Management Act, 1999 (FEMA) and Important Notifications
    • SEBI (Listing Obligations &DisclosureRequirements) (LODR) Regulations, 2015
    • SEBI Takeover Regulations 2011
    • SEBI (Prohibition of Insider Trading) Regulations, 2015
    • SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018
    • SEBI (Buyback of Securities) Regulations, 2018 and Circulars / Notifications
    • Companies Act, 2013 (MCA/ROC and LLP Compliance) and Notifications
    • Investor Education and Protection Fund
    • ICSI Updates on e-CSIN
    • IBC Updates

Compliance requirement under Income Tax act, 1961

      Income Tax Act, 1961        07.02.2020Due date for deposit of tax deducted/collected for the month of January, 2020. (TDS & TCS)   However, all the sum deducted/collected by an office of the government shall be paid to the credit of the Central Government on the same day where tax is paid without production of an Income-tax Challan  TDS & TCS
  Income Tax Act, 1961  14.02.2020Due date for issue of TDS Certificate for tax deducted under section 194-IA in the month of December, 2019  TDS Certificate u/s 194-IA
  Income Tax Act, 1961  14.02.2020Due date for issue of TDS Certificate for tax deducted under section 194-IB in the month of December, 2019TDS Certificate u/s 194-IB
  Income Tax Act, 1961  14.02.2020Due date for issue of TDS Certificate for tax deducted under section 194M in the month of December, 2019  TDS Certificate u/s 194M
  Income Tax Act, 1961  15.02.2020Due date for furnishing of Form 24G by an office of the Government where TDS/TCS for the month of January, 2020 has been paid without the production of a challan  Form 24G
  Income Tax Act, 1961  15.02.2020Quarterly TDS certificate (in respect of tax deducted for payments other than salary) for the quarter ending December 31, 2019    Quarterly TDS certificate

NOTE :

  • Amendment of rule 10DA and rule 10DB regarding furnishing of information and maintenance of documents by Constituent Entity of an international group :

Important Notifications :

  Sl. No.    Particulars of the Notification(s)  Notification Link(s)
 Public consultation on the proposal for amendment of Income-tax Rules 1962, to inset new rule 29BA and Form 15E, to give effect to the amendment in section 195 of the Income-tax Act, 1961 (the Act) vide Finance (No.2) Act 2019  https://www.incometaxindia.gov.in/news/public_consultation_proposal_amendmentitr_1962_misccomm_31_12_19.pdf
 ​Income-tax (1st Amendment) Rules, 2020. Applicable w.e.f.  01.04.2020.  https://www.incometaxindia.gov.in/news/notification_01_2020.pdf
 Income-tax (2nd Amendment) Rules, 2020 Applicable w.e.f. date of their publication in the Official Gazette.  https://www.incometaxindia.gov.in/news/notification_3_2020.pdf
 Notification No. 07/2020 [F. No. 203/02/2019 -ITA-II] / SO 389(E) : Notification No. 07/2020 [F. No. 203/02/2019 -ITA-II] / SO 389(E) !New 28 January 2020  https://www.incometaxindia.gov.in/communications/notification/notification_07_2020.pdf
 Notification No. 05/2020 [F. No. 187/02/2020-ITA-I] / SO 388(E) : Notification No. 05/2020 [F. No. 187/02/2020-ITA-I] / SO 388(E) !New 28 January 2020  https://www.incometaxindia.gov.in/communications/notification/notification_05_2020.pdf
 Notification No. 06/2020 [F. No. 187/02/2020-ITA-I] / SO 387(E) : Notification No. 06/2020 [F. No. 187/02/2020-ITA-I] / SO 387(E) !New 27 January 2020  https://www.incometaxindia.gov.in/communications/notification/notification_06_2020.pdf
 Notification No. 3/2020 [F.No.370142/19/2019-TPL] /GSR 14(E) : Amendment of rule 10DA and rule 10DB regarding furnishing of information and maintenance of documents by Constituent Entity of an international group 6 January 2020  https://www.incometaxindia.gov.in/communications/notification/notification_3_2020.pdf

Compliance  Requirementunder Goods & Services Tax Act,  (GST) 2017 :

  Applicable Laws/Acts    Due Dates  Compliance Particulars  Forms/  (Filing mode)
GST, Act, 2017   
10.02.2020
Form GSTR-7 (TDS Deductor)  GSTR-7
GST, Act, 2017   
10.02.2020
Form GSTR-8 (for the month of January 2020) -TCS Collector (Summary of Tax Collected at Source (TCS) and deposited by E-commerce operators under GST laws)  GSTR – 8  
GST, Act, 2017      11.02.2020Return of outward supplies of taxable goods and/or services for the Month of January 2020 (for Assesses having turnover exceeding 1.5 Cr.) Monthly Return.  GSTR – 1
GST, Act, 2017  13.02.2020Due date for Furnishing return of January 2020 by Input Service Distributors (ISD)GSTR – 6
GST, Act, 2017  20th of the succeedingPayment of self-assessed tax (Payment of tax shall be made by 20th of the month succeeding the month to which the liability pertains.)  PMT-08
GST, Act, 2017  18 months after end of the quarter for which refund is to be claimedApplication for Refund      RFD-10
GST, Act, 2017      20.02.2020Summary of outward taxable supplies and tax payable by Non-Resident taxable person & OIDAR respectively. (for the month of January 2020)    GSTR-5 & GSTR – 5A
GST, Act, 2017  20.02.2020* 22.02.2020* 24.02.2020*  Simple GSTR return for the month of January, 2020  GSTR – 3B
GST, Act, 201718.02.2020Return filed by composition dealer statement-cum-challan to declare the details or summary of his/her self-assessed tax payable for a given quarter. (October 2019 to December 2019)  CMP – 08
^GST, Act, 2017*03.02.2020 *05.02.2020 *07.02.2020Annual Returns for FY 2017-18   https://twitter.com/cbic_india/status/1223289893587079168?s=20GSTR-9, GSTR-9A & GSTR-9C
GST, Act, 20173 months of the registration cancellation date or order cancellation date, whichever comes late  A taxable person who opts for cancellation of GST registration has to file a final return under GST law in form GSTR-10 within three months.GSTR – 10
GST, Act, 201728th of the month following the month in which an inward supply is received by the UIN holdersStatement of inward supplies by persons having Unique Identification Number (UIN)GSTR – 11

NOTE :

  • *The govt has eased filing of GST returns for taxpayers by allowing them to file in a staggered manner and has provided three dates for different categories of taxpayers.
A) If Turnover > 5Crore:B) If Turnover < 5Crore (in two parts)
Due date of GSTR 3B – 20th every month)i.) 15 States/UT’s: due date is *22nd (every month)  ii.) 22 States/UT’s:  due date is *24th (every month)
(States:- Chhattisgarh, MP, Gujarat, Daman and Diu, Dadra and Nagar Haveli, Maharashtra, Karnataka, Goa, Lakshadweep, Kerala, TN, Puducherry, Andaman and Nicobar Islands, Telangana and Andhra Pradesh)(states:-J&K, Laddakh, Himachal Pradesh, Punjab, Chandigarh, Uttarakhand, Haryana, Delhi, Rajasthan, UP, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand and Odisha)  
  • GST Annual Returns Due date extended :

CBIC (@cbic_india) Tweeted:https://twitter.com/cbic_india/status/1223289893587079168?s=20

Group-1Group-2Group-3
Due Date : 03.02.2020  Due Date : 05.02.2020Due Date : 07.02.2020
States : Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Puducherry, Telangana, Andhra Pradesh, Other TerritoryStates : Jammu and Kashmir, Himachal Pradesh, Punjab, Chandigarh, Uttarakhand, Haryana, Delhi, Rajasthan, GujaratStates : Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Andaman & Nicobar Islands, Jharkhand, Odisha, Chhattisgarh, Dadra and Nagar Haveli and Daman and Diu, Lakshadweep, Madhya Pradesh, Uttar Pradesh
  • KEY UPDATES :
    • New GSTIN reallocated to taxpayers of Union Territory of Ladakh (dated 01.01.2020) :
      • New GSTINs are reallocated to active existing taxpayers registered under J & K State earlier with State code(01), having Principal Place of Business in jurisdiction of Union territory of Ladakh (with UT code “38”). The list contains new GSTINs along with old GSTINs. Taxpayers are requested to use new GSTINs while generating the invoices and receiving of supplies etc. w.e.f. 1st Jan 2020.
      • Link: https://www.gst.gov.in/newsandupdates/read/344
  • GST Updates as on 29.01.2020 :
Sl. No.  Notification(s)Notification No.Link(s)
  1.  Seeks to bring into force certain provisions of the Finance (No. 2) Act, 2019 to amend the CGST Act, 2017.01/2020-Central Tax ,dt. 01-01-2020      http://www.cbic.gov.in/htdocs-cbec/gst/notfctn-01-central-tax-english-2020.pdf
2.Seeks to make amendment (2020) to CGST Rules.02/2020-Central Tax ,dt. 01-01-2020      http://www.cbic.gov.in/htdocs-cbec/gst/notfctn-02-central-tax-english-2020.pdf  
3.Seeks to amend the notification No. 62/2019-CT dt. 26.11.2019 to amend the transition plan for the UTs of J&K and Ladakh  03/2020-Central Tax ,dt. 01-01-2020      http://www.cbic.gov.in/htdocs-cbec/gst/notfctn-03-central-tax-english-2020.pdf
4.Seeks to extend the one-time amnesty scheme to file all FORM GSTR-1 from July 2017 to November, 2019 till 17th January, 2020.  04/2020-Central Tax ,dt. 10-01-2020      http://www.cbic.gov.in/htdocs-cbec/gst/notfctn-04-central-tax-english-2020.pdf
      5.Seeks to appoint Revisional Authority under CGST Act, 2017.  05/2020-Central Tax ,dt. 13-01-2020      http://www.cbic.gov.in/htdocs-cbec/gst/notfctn-05-central-tax-english-2020.pdf  
  6.Seeks to bring into force certain provisions of the Finance (No. 2) Act, 2019 to amend the IGST Act, 2017  01/2020-Integrated Tax,dt. 01-01-2020    http://www.cbic.gov.in/htdocs-cbec/gst/notfctn-1-2020-igst-english.pdf
  • Important Circulars :
Sl. No.Circular (s)File No.Link(s)
  1.F. No. CBEC-20/16/07/2020-GST(Circular no. 131/1/2020)  F. No. CBEC-20/16/07/2020-GST         http://www.cbic.gov.in/htdocs-cbec/gst/circular-cgst-131-new.pdf

Compliance under Other Statutory Laws :

Applicable Laws/Acts  Due Dates  Compliance Particulars  Forms/ (Filing mode)
EPF (The Employees’ Provident Funds And Miscellaneous Provisions Act, 1952)    15.02.2020PF Payment for January, 2020ECR
ESIC (Employees’ State Insurance Act, 1948)      15.02.2020ESIC Payment for January, 2020ESI Challan
The minimum Wages Act, 1948  01.02.2020Annual ReturnForm – III Rule 21 (4A)  
The Payment of Wages Act,1936 & related Mines Rules    15.02.2020Annual ReturnForm – IV
The Contract Labour 9 (R&A) Act, 1970 & Rules    15.02.2020Annual ReturnForm – XXV

Quick REVIEW on compliance particulars :

Sl. No.Name of the Act(s)Compliance Particulars
1.  Factories Act 1948Annual returns and half year returns submitted on time with correct details   All story statutory registers are maintained   Appointment of Safety Officer, Welfare Officer, if applicable, and its qualification matching as per the act   Canteen, Creche, rest room facilities are available  
2.Contact Labor Act 1970First check if this act is applicable to factory and to contractor. General rule say it is applicable for more than 20 contract workers. But it differs differs from state to state   Principal Employer Registration, all contractor are listed on RC   Contractor have valid License   Contractor have submitted all dues like PF, ESIC, PT, LWF on time.    
3Payment of Gratuity Act 1972:Gratuity are paid to left employees who have completed 5 years   Company have authorised one managerial personnel in  organisation to receive all notice, letter, communication, etc.  
4.Payment of Bonus Act 1965Bonus are paid on time. Returns submitted, register are maintained  
5.Payment of Wages 1936 and Minimum Wages Act 1948:All registers are maintained   Payment of Wages are done on time.   Wages are paid above minimum wages.    

Compliances under FEMA / RBI :

  Applicable Laws/Acts  Due DatesCompliance Particulars  Forms/ (Filing mode)
FEMA ACT 1999Monthly BasisExternal Commercial Borrowings Borrowers are required to report all ECB transactions to the RBI on a monthly basis through an AD Category – I Bank in the form of ‘ECB 2 Return’.ECB 2 Return
FEMA ACT 1999Not later than 30 days from the date of issue of shares  After issue of shares or other eligible securities, the Indian company has to fileForm FC-GPR
FEMA ACT 1999With in 60 days from the date of receipt of the amount of consideration.  Reporting of transfer of shares and other eligible securities between residents and non-residents and vice- versa is to be made in Form FC-TRS.Form FC-TRS.
FEMA ACT 1999With in Six (6) months {receive share certificates or any other documentary evidence of investment in the foreign JV / WOS as an evidence of investment and submit the same to the designated AD within 6 months;}An Indian Party and a Resident Individual making an overseas investment is required to submit form ODI (Overseas investments (or financial commitment) in Joint Ventures (JV) and Wholly Owned Subsidiaries (WOS))  Form ODI

RBI Circulars / Notifications :

  Sl. No.  Date  Particulars of the CircularsLink
123.01.2020Merchanting Trade Transactions (MTT) – Revised Guidelineshttps://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11799&Mode=0  
223.01.2020‘Voluntary Retention Route’ (VRR) for Foreign Portfolio Investors (FPIs) investment in debt – relaxationshttps://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11798&Mode=0  
323.01.2020Investment by Foreign Portfolio Investors (FPI) in Debthttps://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11797&Mode=0
421.01.2020Setting up of IFSC Banking Units (IBUs) – Permissible activitieshttps://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11794&Mode=0
516.01.2020Reporting of Large Exposures to Central Repository of Information on Large Credits (CRILC) – UCBshttps://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11790&Mode=0
615.01.2020Hedging of Commodity Price Risk and Freight Risk in Overseas Markets (Reserve Bank) Directions, 2018 – Amendmenthttps://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11789&Mode=0

Compliance Requirement under SEBI (Listing Obligations and Disclosure Requirements) (LODR) Regulations, 2015 :

  • Filing Mode(s) :
    • For BSE : BSE Listing Centre
    • For NSE : NEAPS Portal
  • Annual Compliances :
  Sl. No.Regulation No.Compliance Particular  Compliance Period (Due Date)  
1Regulation 14Listing fees & other Charges Payment manner as specified by the Board of by Recognised Stock Exchange.   
2Regulation 34* (shall be amended w.e.f. April 2019)  Annual ReportWithin 21 working days from the AGM Date  
    3.Regulation 34(1)(a)  a copy of the annual report sent to the shareholders along with the notice of the annual general meeting not later than the day of commencement of dispatch to its shareholders;Within one days from Dispatch to shareholder  
      4. Annual report in XBRL mode 16 may 2019 BSE CIRCULAR’ https://www.bseindia.com/corporates/Displaydata.aspx?Id=7a3c8414-03fa-4976-8579-db3f8fc8d2bc&Page=cir   XBRL based Compliance filings for Listed Companies at NSE 01 Nov 2019 https://www.nseindia.com/content/equities/NSE_Circular_011119.pdf  Filings in respect of Annual Report has to be done by all listed entities in XBRL mode in addition to the currently used PDF mode mandatorily, for periods ending March 31, 2019.Same time limit of Regulation 34
     5.Regulation 34(1)(b)in the event of any changes to the annual report, the revised copy along with the details of and explanation for the changes shall be sent not later than 48 hours after the annual general meeting.  Within 48 hours after AGM
      6.Regulation 36The listed entity shall send annual report referred to in to the holders of securities, not less than twenty-one days before the annual general meeting.21 days Before AGM (in soft or hard copy)
  • Event based Compliances 
  Sl. No.Regulation No.Compliance ParticularCompliance Period (Due Date)  
    1.Regulation 7 (5)Intimation of appointment  / Change of Share Transfer Agent.  Within 7 days of Agreement with RTA.
      2.Regulation 17(2)Meeting of Board of DirectorsThe board of directors shall meet at least 4 times a year, with a maximum time gap of 120 days between any two meetings.  
      3.Regulation 18(2)Meeting of the audit committee  The audit committee shall meet at least 4 times in a year and not more than 120 days shall elapse between two meetings.  
                    4.Regulation 29Notice for Board Meeting to consider the prescribed matters.The Company shall give an advance notice of a) at least 5 days for Financial Result as per Regulation 29 1 (a)   b) in case matters as stated in regulation 29 1 (b) to (f) –  2 Working days in advance(Excluding the date of the intimation and date of the meeting) to Stock Exchange.   c)  11 working days in case matter related to alteration in i) Securities ;ii) date of interest or redemption of Debenture / bond as per regulation 29(3) (a) ,(b).  
5Regulation 30 Outcome of Board Meeting (Schedule III Part A- (4)  within 30 minutes of the closure of the meeting  
            6.Regulation 31      Holding of specified securities and shareholding pattern  Reg. 31(1)(a):1 day prior to listing of its securities on the stock exchange(s);   Reg. 31(1)(c):within 10 days of any capital restructuring of the listed entity resulting in a change exceeding 2 % of the total paid-up share capital.  
                7.Regulation 39Issuance of Certificates or Receipts/Letters/Advices for securities and dealing with unclaimed securities.  Reg. 39(2): The listed entity shall issue certificates or receipts or advices, as applicable, of subdivision, split, consolidation, renewal, exchanges, endorsements, issuance of duplicates thereof or issuance of new certificates or receipts or advices, as applicable, in cases of loss or old decrepit or worn out certificates or receipts or advices, as applicable within 30 days from the date of such lodgement.     Reg. 39(2): The listed entity shall submit information regarding loss of share certificates and issue of the duplicate certificates, to the stock exchange within 2 days of its getting information.  
            8.Regulation 40Transfer or transmission or transposition of securitiesAfter due verification of the documents, the Listed Company shall register transfers of its securities in the name of the transferee(s) and issue certificates or receipts or advices, as applicable, of transfers; or issue any valid objection or intimation to the transferee or transferor, as the case may be, within a period of 15 days from the date of such receipt of request for transfer:   Transmission  requests are processed for securities held in dematerialized mode and physical mode within 7 days and 21 days respectively, after receipt of the specified documents  
    9.Regulation 43Declaration of Dividend  The company has to declare and disclose the dividend on per share basis only.  
      10Regulation 46Company Website:. Listed entity shall disseminate the information as stated in Regulation 46 (2)  Shall update any change in the content of its website within 2   working days from the date of such change in content.      
        11.Regulation 50Intimation to stock exchange(s).Listed Company shall give prior intimation at least 11 working days before the date on and from which the interest on debentures and bonds, and redemption amount of redeemable shares or of debentures and bonds shall be payable.  
      12.Regulation 57Other submissions to stock exchange(s).Listed Company shall submit a certificate to the stock exchange within 2 days of the interest or principal or both becoming due that it has made timely payment of interests or principal obligations or both in respect of the non convertible debt securities.  
                13.Regulation 82Intimation and filings with stock exchange(s).Intention to issue new securitized debt instruments either through a public issue or on private placement basis :   Reg. 82(2) : Intimation of Meeting at least  2 working days in advance, excluding the date of the intimation and date of the meeting, regarding the meeting of its board of trustees, at which the recommendation or declaration of issue of securitized debt instruments or any other matter affecting the rights or interests of holders of securitized debt instruments is proposed to be considered  
    14.SCHEDULE III PART A: DISCLOSURES OF EVENTS OR INFORMATION: SPECIFIED SECURITIESEvents which shall be disclosed without any application of the guidelines for materiality as specified in sub-regulation (4) of regulation (30)  (7B) In case of resignation of an independent director of the listed entity, within 7 days from the date of resignation, the following disclosures shall be made to the stock exchanges by the listed entities as mentioned in 7B (i), 7B(ii) & 7B(iii).  
      15.Regulation 106JPeriod of subscription and issue of allotment letter.A rights issue shall be open for subscription in India for a period as applicable under the laws of its home country but in no case less than 10 days.  
      16.Regulation 108Application for Listing.The issuer / the issuing company, shall, make an application for listing, within 20 days from the date of allotment, to one or more recognized stock exchange(s) along with the documents specified by stock exchange(s) from time to time.  
            17.Regulation 23Corporate governance requirements with respect to subsidiary of listed entityThe listed entity shall submit within 30 days from the date of publication of its standalone and consolidated financial results for the half year, disclosures of related party transactions on a consolidated basis, in the format specified in the relevant accounting standards for annual results to the stock exchanges and publish the same on its website.  
          18.Regulation 24ASecretarial AuditEvery listed entity and its material unlisted subsidiaries incorporated in India shall undertake secretarial audit and shall annex with its annual report, a secretarial audit report, given by a company secretary in practice, in such form as may be specified with effect from the year ended March 31, 2019. On or before: 30th day of May (within 60 days from the Closure of FY)  
        19.Regulation 23(9)The listed entity shall submit within 30 days from the date of publication of its standalone and consolidated financial results for the half year, disclosures of related party transactions on a consolidated basis, in the format specified in the relevant accounting standards for annual results to the stock exchanges and publish the same on its website.  Disclosure Of Related Party Transactions Pursuant To Regulation 23(9) Of The SEBI (Listing Obligations And Disclosure Requirements) Regulations, 2015 WITHIN 30 days from the date of publication of Financial Results (for half year )    
          20.SEBI CIRCULAR NOV 26, 2018   https://www.sebi.gov.in/legal/circulars/nov-2018/fund-raising-by-issuance-of-debt-securities-by-large-entities_41071.htmlInitial Disclosure to be made by an entity identified as a Large Corporate. Within 30 days  from the beginning of  the FY   Annual Disclosure to be made by an entity  identified as a LC   To be submitted to the Stock Exchange(s) within 45 days of the end of the FY)APRIL 30 Annexure A   MAY 15 Applicable for FY2020and 2021 Annexure B1   MAY 15 Applicable from FY2022 onwards Annexure B2
                        21.Regulation 30 (6) read with Para A of Part A of Schedule III (except sub para 4 of with Para A of Part A of Schedule IIIThe listed entity shall first disclose to stock exchange(s) of all events, as specified in Part A of Schedule III, or information as soon as reasonably possible and not later than twenty four hours from the occurrence of event or information:   Provided that in case the disclosure is made after twenty four hours of occurrence of the event or information, the listed entity shall, along with such disclosures provide explanation for delay Example : Proceedings of Annual and extraordinary general meetings of the listed entity.  24 hours of Occurrence of event
          22.SCHEDULE III PARTA A (SUB CLAUSE 7A)In case of resignation of the auditor of the listed entity, detailed reasons for resignation of auditor, as given by the said auditor, shall be disclosed by the listed entities to the stock exchanges as soon as possible but not later than twenty four hours of receipt of such reasons from the auditor    24 hours of Occurrence of event
          23.SCHEDULE III PARTA A (SUB CLAUSE 7B)In case of resignation of an independent director of the listed entity, within seven days from the date of resignation, the following disclosures shall be made to the stock exchanges by the listed entitieswithin 7 days from the date of resignation
24.Regulation 37(1)Draft Scheme of Arrangement & Scheme of Arrangement before for obtaining Observation Letter or No-objection letter, before filing such scheme with any Court or Tribunal, in terms of requirements specified by the Board or stock exchange(s) from time to time.  Before filling the same with any court or tribunal
25.Regulation 37(1) read with Section 31 of the Insolvency Code,No need to follow Regulation 37 & 94 if restructuring proposal approved as part of a resolution plan by the Tribunal under section 31 of the Insolvency Code, subject to the details being disclosed to the recognized stock exchanges within one day of the resolution plan being approved  within one day of the resolution plan being approved
26.Regulation 42(2)The listed entity shall give notice in advance of atleast seven working days (excluding the date of intimation and the record date) to stock exchange(s) of record date specifying the purpose of the record date. (Refer 42(1) Record date)  7 working days (excluding the date of intimation and the record date)
27.Regulation 44(3)The listed entity shall submit to the stock exchange, within forty eight hours of conclusion of its General Meeting, details regarding the voting results in the format specified by the Board.  within 48 hours of conclusion of its General Meeting
28.Regulation 31ARe-classification of status of a promoter/ person belonging to promoter group to public   an application for re-classification to the stock exchanges has been made by the listed entity consequent to the following procedures and not later than thirty days from the date of approval by shareholders in general meeting:Not later than 30 days of general Meeting
29.Regulation 50(1) (Debt OR Non-Convertible Redeemable Preference Shares Or Both)Intimation to stock exchange(s). Listed Company shall give prior intimation at least 11 working days before the date on and from which the interest on debentures and bonds, and redemption amount of redeemable shares or of debentures and bonds shall be payable.  at least 11 working days
30.  Regulation 50(3) (Debt OR Non-Convertible Redeemable Preference Shares Or Both)The listed entity shall intimate to the stock exchange(s), at least two working days in advance, excluding the date of the intimation and date of the meeting, regarding the meeting of its board of directors, at which the recommendation or declaration of issue of non convertible debt securities or any other matter affecting the rights or interests of holders of non convertible debt securities or non convertible redeemable preference shares is proposed to be considered.  at least 2 working days in advance, excluding the date of the intimation and date of the meeting
31.Regulation 52 (1) and (2) (Debt OR Non-Convertible Redeemable Preference Shares Or Both)Financial Result The listed entity shall prepare and submit un-audited or audited financial results on a half yearly basis in the format as specified by the Board within forty five days from the end of the half year to the recognised stock exchange(s)  Unaudited: 45 days from half end Audited: 60 days of half end Sumbit The Copy Of Fr To Debenture Trustees On Same Day After Submission To Stock Exchange  
32.Regulation 52(5) (Debt OR Non-Convertible Redeemable Preference Shares Or Both)The listed entity shall, within seven working days from the date of submission of the information required under sub- regulation (4),ie information submitted with Financial Results submit to stock exchange(s), a certificate signed by debenture trustee that it has taken note of the contents.7 working days of FR
33.Regulation 57 (Debt OR Non-Convertible Redeemable Preference Shares Or Both)Other submissions to stock exchange(s). Listed Company shall submit a certificate to the stock exchange within 2 days of the interest or principal or both becoming due that it has made timely payment of interests or principal obligations or both in respect of the non convertible debt securities.  within 2 days
34.Regulation 60(2) (Debt OR Non-Convertible Redeemable Preference Shares Or Both)The listed entity shall give notice in advance of atleast seven working days (excluding the date of intimation and the record date) to stock exchange(s) of record date specifying the purpose of the record date. (Refer 60(1) Record date)  7 working days (excluding the date of intimation and the record date)
35.Regulation 78(2) (Obligations of listed entity which has listed its indian depository receipts)  Record date The listed entity shall give notice in advance of at least four working days to the recognised stock exchange(s) of record date specifying the purpose of the record date.  at least 4 working days
36.Regulation 82 (Obligations Of Listed Entity Which Has Listed Its Securitised Debt Instruments)Intimation and filings with stock exchange(s). Intention to issue new securitized debt instruments either through a public issue or on private placement basis :   Reg. 82(2) : Intimation of Meeting at least  2 working days in advance, excluding the date of the intimation and date of the meeting, regarding the meeting of its board of trustees, at which the recommendation or declaration of issue of securitized debt instruments or any other matter affecting the rights or interests of holders of securitized debt instruments is proposed to be considered  At least  2 working days in advance
37.Regulation 87(2) (Obligations of listed entity which has listed its indian depository receipts)  Record date The listed entity shall give notice in advance of atleast seven working days (excluding the date of intimation and the record date) to the recognised stock exchange(s) of the record date or of as many days as the Stock Exchange may agree to or require specifying the purpose of the record date.  at least 7 working days(excluding the date of intimation and the record date)
38.Regulation 87B (Obligations Of Listed Entity Which Has Listed Its Security Receipts)  The listed entity shall first disclose to stock exchange(s) of all events or information, as specified in Part E of Schedule III, as soon as reasonably possible but not later than twenty four hours from occurrence of the event or information: Provided that in case the disclosure is made after twenty four hours of occurrence of the event or information, the listed entity shall, along with such disclosures provide explanation for the delay.  24 hours of Occurrence of event
39.Regulation 87E (Obligations Of Listed Entity Which Has Listed Its Security Receipts)Record date The listed entity shall give notice in advance of atleast seven working days (excluding the date of intimation and the record date) to the recognised stock exchange(s) of the record date or of as many days as the Stock Exchange may agree to or require specifying the purpose of the record date.  at least 7 working days (excluding the date of intimation and the record date)

SEBI Takeover Regulations 2011 :

  Sl. No.Regulation No.Compliance Particular  Compliance Period (Due Date)  
1Regulation 30(1)Every person, who together with persons acting in concert with him, holds shares or voting rights entitling him to exercise 25% or more of the voting rights in a target company, shall disclose their aggregate shareholding and voting rights as of the 31st day of  March, in such target company in such form as may be specified.        Disclosures shall be made within seven (7) working days from the end of each financial year to; 1) every stock exchange where the shares of the target company are listed; and2) the target company at its registered office.   
2 Regulation 30(2)The promoter of every target company shall together with persons acting in concert with him, disclose their aggregate shareholding and voting rights as of the thirty-first day of March, in such target company in such form as may  Disclosures shall be made within seven (7) working days from the end of each financial year to; 1) every stock exchange where the shares of the target company are listed; and2) the target company at its registered office.   
3.Regulation 31(1) read with Regulation 28(3) of Takeover Regulations AUGUST 7, 2019 CIRCULAR https://www.sebi.gov.in/legal/circulars/aug-2019/disclosure-of-reasons-for-encumbrance-by-promoter-of-listed-companies_43837.htmlThe promoter of every listed company shall specifically disclose detailed reasons for encumbrance if the combined encumbrance by the promoter along with PACs with him equals or exceeds: a) 50% of their shareholding in the company; or b) 20% of the total share capital of the company,within 2 (two) working days

SEBI (Prohibition of Insider Trading) Regulations, 2015 :

  Sl. No.Regulation No.Compliance ParticularCompliance Period (Due Date)  
          1        Regulation 7(2) “Continual Disclosures”Every promoter, employee and director of every company shall disclose to the company the number of such securities acquired or disposed of within two trading days of such transaction if the value of the securities traded, whether in one transaction or a series of transactions over any calendar quarter, aggregates to a traded value in excess of ten lakh rupees (10,00,000/-) or such other value as may be specified;Every company shall notify;within two trading days of receipt of the disclosure or from becoming aware of such information

SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018 :

  Sl. No.Regulation No.Compliance Particular  Compliance Period (Due Date)  
      1Schedule XIX – Para (2) of ICDR Read with Reg 108 of SEBI LODR“The issuer shall make an application for listing from the date of allotment, within such period as maybe specified by the Board from time to time, toone or more recognized stock exchange(s)”. In regard to above, it is specified that Issuer shallmake an application to the exchange/s for listingin case of further issue of equity shares from the date of allotment within 20 days (unlessotherwise specified).  Within 20 days from the date of allotment  
2Regulation 162The tenure of the convertible securities of the issuer shall not exceed eighteen months from the date of their allotment.  Within 18 monts from date of allotment
3SEBI CIRCULAR Aug 19, 2019 https://www.sebi.gov.in/legal/circulars/aug-2019/non-compliance-with-certain-provisions-of-sebi-issue-of-capital-and-disclosure-requirements-regulations-2018-icdr-regulations-_43941.htmlApplication  for trading approval to the stock exchangeListed  entities  shall  make  an  application  for trading approval to the stock exchange/s within 7 working days from the date of grant of listing approval by the stock exchange/s.Within 7 working days from grant of date of listing approval
4Regulation 295(1)Completion of Bonus Issue:   Within 15 days from the date of approval  of the issue by its board of directors – incases where shareholders’ approval for  capitalization  of  profits  or  reserves  for making the bonus issue is not requiredWithin  2  months  from  the  date  of  the  meeting of its board of directors wherein the  decision  to  announce  bonus  issue  was  taken  subject  to  shareholders’ approval  –  in  cases  where  issuer  is  required to seek shareholders’ approval for capitalization of profits or reserves for  making the bonus issue.  Within 15 days from Board Approval ( where shareholder approval is not required)   Within 2 months from Board Approval ( where shareholder approval is required)

SEBI (Buyback of Securities) Regulations, 2018 (Buyback Regulations) :

  Sl. No.  Regulation No.Compliance ParticularCompliance Period (Due Date)  
          1        Regulation 11 and 24(iv)Extinguishment of equity shares in connection with Buyback The  particulars  of  the security certificates  extinguished  and  destroyed shall be furnished by the company to the stock exchanges where the shares or  other  specified  securities  of  the  company  are  listed  within  seven  days  of extinguishment and destruction of the certificates  7 days  of extinguishment and destruction of the certificates
  • SEBI UPDATES :
    • SECURITIES AND EXCHANGE BOARD OF INDIA (ISSUE OF CAPITAL AND DISCLOSURE REQUIREMENTS) (SIXTH AMENDMENT) REGULATIONS, 2019 (BSE Circular No. LIST/COMP/47/2019-20 dated 02.01.2020)
    • SEBI vide notification no. No. SEBI/LAD-NRO/GN/2019/47 dated 26.12.2019 has amended the Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2018.
    • SECURITIES AND EXCHANGE BOARD OF INDIA (LISTING OBLIGATIONS AND DISCLOSURE REQUIREMENTS) (FIFTH AMENDMENT) REGULATIONS, 2019 (BSE Circular No. LIST/COMP/48/2019-20dated 02.01.2020)
    • Securities and Exchange Board of India (SEBI) has on December 26, 2019 vide notification No. SEBI/LAD-NRO/GN/2019/45 notified Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) (Fifth Amendment) Regulations, 2019.
      • Applicability :
        • They shall come into force on the date of their publication in the Official Gazette.
      • Scope :
    • Annual System Audit of Market Infrastructure Institutions :
      • SEBI had mandated that stock exchanges and depositories should conduct an Annual System Audit by a reputed independent auditor. Subsequently, the framework was also extended to clearing corporations.
    • Market Infrastructure Institutions are advised :

SEBI Circulars / Regulations– January, 2020 :

  Sl. No.  Date& Circular / Regulation No.Particulars of the CircularsLink
1Jan 01, 2020 Regulations – No.SEBI/LAD-NRO/GN/2018/31Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2018 [Last amended on January 01, 2020]All circulars are available at   https://www.sebi.gov.in/sebiweb/home/HomeAction.do?doListingAll=yes&sid=1&ssid=0&smid=0
2Jan 01, 2020 Regulations- No. SEBI/LAD-NRO/GN/2020/1Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) (Seventh Amendment) Regulations, 2019
3Jan 03, 2020 Circular No.: SEBI/HO/MRD2/DCAP/CIR/P/2020/01Contribution by a non-defaulting member in the Default waterfall of Clearing Corporations                        
4Jan 03, 2020 Circular No.: SEBI/HO/MIRSD/CRADT/CIR/P/2020/2Strengthening of the rating process in respect of ‘INC’ ratings
5.Jan 07, 2020 Circular No.: SEBI/HO/MRD1/ICC1/CIR/P/2020/03Annual System Audit of Market Infrastructure Institutions
6Jan 09, 2020 Circular No.: SEBI/HO/IMD/DF1/CIR/P/2020/04Operating Guidelines for Investment Advisers in International Financial Services Centre
7Jan 10, 2020 Regulations- No.SEBI/LAD-NRO/GN/2015-16/013Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015 [Last amended on January 10, 2020]  
8Jan 10, 2020 Regulations- No. SEBI/ LAD-NRO/GN/2020/02Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) (Amendment) Regulations, 2020  
9Jan 16, 2020 Circular No.: SEBI/HO/CDMRD/DMP/CIR/P/2020/05Options in Goods – Product Design and Risk Management Framework  
10Jan 16, 2020 Circular No.: IMD/FPI&C/CIR/P/2020/07Exemption from clubbing of investment limit for foreign Government agencies and its related entities  
11Jan 16, 2020 Regulation: No.SEBI/LAD-NRO/GN/2020/03  Securities and Exchange Board of India (Portfolio Managers) Regulations, 2020  
12Jan 17, 2020 Circular No.: SEBI/HO/DDHS/08/2020Format for Statement indicating Deviation or Variation in the use of proceeds of issue of listed non-convertible debt securities or listed non-convertible redeemable preference shares (NCRPs)  
13Jan 17, 2020 Circular No.: SEBI/HO/DDHS/DDHS/CIR/P/2020/09  Guidelines for rights issue of units by a listed Real Estate Investment Trust (REIT)  
14Jan 17, 2020 Circular No.: SEBI/HO/DDHS/DDHS/CIR/P/2020/10  Guidelines for rights issue of units by a listed Infrastructure Investment Trust (InvIT)  
15Jan 22, 2020 Circular No.: SEBI/HO/CFD/CMD/CIR/P/2020/12Non-compliance with certain provisions of the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 and the Standard Operating Procedure for suspension and revocation of trading of specified securities  
16Jan 22, 2020 Circular No.: SEBI/HO/CFD/DIL2/CIR/P/2020/13  Streamlining the process of Rights Issue  
17Jan 27, 2020 Circular No.: SEBI/HO/CDMRD/DRMP/CIR/P/2020/15  Review of Margin Framework for Commodity Derivatives Segment  
1828 January, 2020 Circular No.: SEBI/HO/MRD/DDAP/CIR/P/2020/16  IPF Trust and Committees at Market Infrastructure Institutions (MIIs)  

Circulars to listed Companies – January, 2020 :

  Sl. No.  DateParticulars of the CircularsLink
102.01.2020Securities And Exchange Board Of India (Issue Of Capital And Disclosure Requirements) (Sixth Amendment) Regulations, 2019https://www.bseindia.com/corporates/Displaydata.aspx?Id=de28b13f-bb4b-4414-8446-43b7bced0fea&Page=cir  
202.01.2020Securities And Exchange Board Of India (Listing Obligations And Disclosure Requirements) (Fifth Amendment) Regulations, 2019https://www.bseindia.com/corporates/Displaydata.aspx?Id=7436aa12-d1a9-4186-8f4a-ce0b640413e7&Page=cir  
  3  13.01.2020Securities And Exchange Board Of India (Listing Obligations And Disclosure Requirements) (Amendment) Regulations, 2020  https://www.bseindia.com/corporates/Displaydata.aspx?Id=95345369-ccf5-4f34-bf96-e3a15353c2db&Page=cir  
415.01.2020Disclosures by listed entities of defaults on payment of interest/ repayment of principal amount on loans from banks / financial institutions and unlisted debt securitieshttps://www.bseindia.com/corporates/Displaydata.aspx?Id=1a59c887-b53c-485a-9748-01a5600f9da7&Page=cir  
517.01.2020Guidelines for rights issue of units by a listed Real Estate Investment Trust (REIT)https://www.bseindia.com/corporates/Displaydata.aspx?Id=76accbad-3781-4b2f-b346-10f8e2f46bf8&Page=cir  
617.01.2020Format for Statement indicating Deviation or Variation in the use of proceeds of issue of listed non-convertible debt securities or listed non-convertible redeemable preference shares (NCRPs)https://www.bseindia.com/corporates/Displaydata.aspx?Id=ed89b5fa-b3a2-4382-8d3e-e46d934fc486&Page=cir
717.01.2020Guidelines for rights issue of units by a listed Infrastructure Investment Trust (InvIT)https://www.bseindia.com/corporates/Displaydata.aspx?Id=9727ea6a-d150-4eb8-8410-886624898a50&Page=cir  
820.01.2020Updationof Information on Bse Website  https://www.bseindia.com/corporates/Displaydata.aspx?Id=57754029-5245-43d9-ac95-df13e5b22c61&Page=cir  
922.01.2020Non-compliance with certain provisions of the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 and the Standard Operating Procedure for suspension and revocation of trading of specified securities  https://www.bseindia.com/corporates/Displaydata.aspx?Id=a9c916ac-5d90-4e1e-9632-66bec78566e6&Page=cir
    10    23.01.2020Streamlining the Process of Rights Issue  https://www.bseindia.com/corporates/Displaydata.aspx?Id=46d2d8c4-4420-4eb8-b3ca-6e5493dc5389&Page=cir  
    11    27.01.2020  CLARIFICATION REGARDING UPDATION OF INFORMATION ON BSE WEBSITE  https://www.bseindia.com/corporates/Displaydata.aspx?Id=a5a26e3a-e9f9-468d-a303-c965296678cf&Page=cir  

Compliance Requirement UNDER Companies Act, 2013 and Rules made there under :

  Applicable Laws/Acts  Due DatesCompliance ParticularsForms / Filing mode
  Companies Act, 2013  Within 180 Days From The Date Of Incorporation Of The CompanyAs per Section 10 A (Commencement of Business) of the Companies Act, 2013, inserted vide the Companies (Amendment) Ordinance, 2018 w.e.f. 2nd November, 2018, a Company Incorporated after the ordinance and having share capital shall not commence its business or exercise any borrowing powers unless a declaration is filed by the Director within 180 days from the date of Incorporation of the Company with the ROC. http://www.mca.gov.in/Ministry/pdf/CompaniesFourthAmendmentRules_19122018.pdf  MCA E- Form INC 20A
Companies Act, 2013  First declaration within 90 days from the date of notification Dt. 08.02.2019   ( i.e.  On or before 8th of May, 2019)A person having Significant beneficial owner shall file a declaration to the reporting company http://www.mca.gov.in/Ministry/pdf/CompaniesOwnersAmendmentRules_08020219.pdf i.e. within 90 days of the commencement of the Companies (Significant Beneficial Owners) Amendment Rules, 2019 i.e. 08.02.2019   In case Subsequent Acquisition of the title of Significant Beneficial Owner  / Any  Change thereina declaration in Form No. BEN-1 required to be filed to the reporting company, within 30 days of acquiring such significant beneficial ownership or any change therein.  Form BEN-1 Draft Format available at https://enlightengovernance.blogspot.com/2019/07/draft-format-for-ben-1-sbo-rules-2018.html
Companies Act, 2013  31.03.2020   (Due Date Extended From 30.09.2019 to 31.12.2019 and further extended to 31.03.2020Filing of form BEN-2 under the Companies (Significant Beneficial Owners) Rules, 2018. (Within 30 days from deployment of the E –form (earlier the date of receipt of declaration in BEN-1 ) http://www.mca.gov.in/Ministry/pdf/GeneralCircular_24092019.pdf BEN -2 due date extended till 31.03.2020 Circulars Link: http://www.mca.gov.in/Ministry/pdf/Circular1_01012020.pdfForm BEN – 2 (e-form deployed by Ministry (ROC)) on 01.07.2019
Companies Act, 2013  On or before 15.06.2019 (form can be filed after due date with a fee of Rs. 10000 (one time fee)Filing of the particulars of the Company & its registered office. (by every company incorporated on or before the 31.12.2017.) Due date extended- Link : http://www.mca.gov.in/Ministry/pdf/CompaniesRegistrationOfficesFeesRule_25042019.pdf  Active Form INC -22A
Companies Act, 2013  14.10.2019 (can be filed after due date with a penalty of Rs. 5000/-)*DIN KYC through DIR 3 KYC Form is an Annual Exercise. Last date for filing DIR-3 KYC for Financial year 2018-19 has been extended till 14th November 2019 http://www.mca.gov.in/Ministry/pdf/Companies5thAmendtRules_30092019.pdf and http://www.mca.gov.in/Ministry/pdf/Companies4thAmendtRules_30092019.pdf Annual Exercise: http://www.mca.gov.in/Ministry/pdf/DIR3KYCcompleteMessage_13042019.pdf Penalty after due date is Rs. 5000/-(one time)E-Form DIR – 3 KYC (Web Based and E-form)  
Companies Act, 2013  within 60 days from the date of deployment of this form on the website of the Ministry.Reconciliation of Share Capital Audit Report (Half-yearly) Pursuant to sub-rule Rule 9A (8) of  Companies (Prospectus and Allotment of Securities) Rules, 2014 To be filed all unlisted companies, deemed public companies Till further clarification to be filled in GNL-2 Applicable w.e.f.  30.09.2019 http://www.mca.gov.in/Ministry/pdf/Rules_23052019.pdf Extension Notification: http://www.mca.gov.in/Ministry/pdf/FormPAS6_28112019.pdfE-Form PAS – 6 (E-Form, Not yet deployed)
Companies Act, 2013On or before 31.12.2019Statement of Amounts credited to Investor Education and Protection Fund Pursuant to Rule 5(4A)  IEPF Form – 1A
Companies Act, 201390 days from the date of deployment of this form on the website of  (NFRA).Annual Return To Be Filed By Auditor With The National Financial Reporting Authority http://www.mca.gov.in/Ministry/pdf/NFRA_27112019.pdfNFRA-2 (form not yet deployed)

Due dates of ROC Return Filings :

Sl. No.  ParticularsDue DateE- Form
  1Appointment of AuditorWithin 15 days from the conclusion of AGM (ratification at every annual general meeting is not mandatory)    ADT-1
      2Filing of financial statement and other documents with the ROCOn or before 30.11.2019 (due date extended) With in 30 days from the conclusion of the AGM, other than OPC (In case of OPC within 180 days from the close of the financial year)        AOC-4*
  3Filing of annual return by a company.On or before 31.12.2019 (due date extended) With in 60 days from the conclusion of AGM    MGT-7*
      4Filing of Cost Audit Report with the Central Government    *On or before 29.O2.2O2O. (due date extended)   With in 30 days from the receipt of Cost Audit Report  CRA-4*
  5Filing of Resolutions and agreements to the Registrar  With in 30 days from the date of Board Meeting.  MGT-14
  • NOTE :
    • *Relaxation of additional fees and extension of last date in filing of forms MGT-7 (Annual Return) and AOC-4 (Financial Statement) under the Companies Act, 2013- UT of J&K and UT of Ladakh –
      • extension of time for filing of financial statements for the financial year ended 31.03.2019. Therefore, it has been decided to extend the due date for filing of e-forms AOC-4, AOC-4 (CFS) AOC-4 XBRL and e-form MGT-7 upto 31.01.2020, for companies having jurisdiction in the UT of J&K and UT of Ladakh without levy of additional fee.’
    • *Relaxation of additional fees and extension of last date of filing of CRA-4 (cost audit report for FY 2018-19 under the Companies Act, 2O13 
    • Relaxation of additional fees and extension of last date of filing of AoC-4 NBFC (Ind AS) and AoC-4 CFS NBFC (Ind AS) for FY 2018-19 under the Companies Act, 2013 –
      • MCA vide general circular No. 02/2020 dated 31.01.2020 has introduced two new forms on MCA Portal.
        • AOC – 4 NBFC (Ind AS) : deployed w.e.f. 31.01.2020
        • AOC – 4 CFS NBFC (Ind AS) : deployed w.e.f. 17.02.2020
    • And it has been to extend the last date for filing AOC-4 NBFC (Ind AS) and AOC-4 CFS NBFC (Ind AS) for all eligible Companies for the FY 2018-19 without additional fees till 31st March, 2020.
    • Link: http://www.mca.gov.in/Ministry/pdf/Circular_30012020.pdf

Due dates of LLP Return Filing :

  • LLP Form 8 (Statement of Account & Solvency) on or before 30.10.2019
  • The charge details i.e. creation, modification or satisfaction of charge, can be filed through Appendix to e-Form 8 (Interim)
  • Form LLP -8 can be filed after due date i.e. 30.10.2019 with a penalty of Rs. 100/- per day till the filing is completed.

MCA UPDATES :

  Sl. No.  Particulars of the CircularsLink
1Relaxation of additional fees and extension of last date of filing of CRA-4 (cost audit report) for FY 2018-19 under the Companies Act, 2013http://www.mca.gov.in/Ministry/pdf/Circular17_30122019.pdf
2Extension for filing BEN-2http://www.mca.gov.in/Ministry/pdf/Circular1_01012020.pdf  
3Companies (appointment and managerial personnel) Amdt Rules 2020http://www.mca.gov.in/Ministry/pdf/AmdtRules_06012020.pdf  
4Insolvency and Bankruptcy Code(Amendment) Ordinance, 2019http://www.mca.gov.in/Ministry/pdf/IBCAmedBill_20012020.pdf  
5Companies (Winding Up) Rules 2020http://www.mca.gov.in/Ministry/pdf/Rules_28012020.pdf  
6Relaxation of additional fees and extension of last date of filing of AoC-4 NBFC (Ind AS) and AoC-4 CFS NBFC (Ind AS) for FY 2018-19 under the Companies Act, 2013  http://www.mca.gov.in/Ministry/pdf/Circular_30012020.pdf
7extend the due date for filing of e-forms AOC-4, AOC-4 (CFS) AOC4 XBRL and e-form MGT-7 upto 31.03.2020, for companies having jurisdiction in the UT of J&K and UT of Ladakh without levy of additional fee.http://www.mca.gov.in/Ministry/pdf/Circular_31012020.pdf
8Provisions of section 460 of the Companies Act, 2013 (18 of 2013) shall apply to a LLPhttp://www.mca.gov.in/Ministry/pdf/NotificationLLP_31012020.pdf
  • MCA Update on Spice+ :
    • Due to the proposed changes to the RUN web service (for companies), RESUBMISSION OPTION for name reservation SHALL NOT BE AVAILABLE    for forms processed by CRC from 1st Feb 2020 ONWARDS for    approximately 15 days. Hence, stakeholders are advised to EITHER AWAIT DEPLOYMENT OF SPICe+ AND THEN APPLY FOR NAMES through SPICe+ web form or perform due diligence while submitting any application in existing RUN web service for name reservation. RUN applications (for companies) processed w.e.f  1st February 2020 onwards shall either be   approved or rejected based on checks performed by CRC officers. Stakeholders may kindly note and plan accordingly.
    • (i) Stakeholders may please note that as part of Government of India’s Ease of Doing Business(EODB) initiatives, the Ministry of Corporate Affairs would be shortly notifying & deploying a new Web Form christened ‘SPICe+’ (pronounced ‘SPICePlus’) replacing the existing SPICe form.
    • SPICe+ would be an integrated Web form offering multiple services viz. name reservation, incorporation, DIN allotment, mandatory issue of PAN, TAN, EPFO, ESIC, Profession Tax (Maharashtra) and Opening of Bank Account. It will also facilitate allotment of GSTIN wherever so applied for by the Stakeholders. After deployment of SPICe+ web form, RUN shall be applicable only for change of name of existing companies.
    • Upon notification & deployment, all new name reservations for new companies as well as new incorporations shall be applied through SPICe+ only
    • However, incorporation of companies for names reserved through the existing RUN service shall continue to be filed in the existing SPICeeform along with related linked forms as applicable and if marked under resubmission shall be resubmitted in SPICeeform.
    • Resubmission of SPICe forms submitted prior to date of deployment of SPICe+ web form shall also be filed in the existing SPICeeform and related linked forms as applicable.

Investor Education and Protection Fund :

  • MINISTRY OF CORPORATE AFFAIRS on 14.08.2019 has came up with Investor Education and Protection Fund Authority (Accounting, Audit, Transperant Refund)Second Amendment Rules, 2019 :
    • Applicability :
      • The provisions of these rules, Other than rule 6 (i), 6 (iv), 6 (v), 6(vi), 6(vii) and 6 (viii), shall come into force with effect from the 20th day of August, 2019.
      • The provisions of rule 6 (i), 6 (iv), 6 (v), 6(vi), 6(vii) and 6 (viii), shall come into force with effect from the 20th day of September, 2019.
      • Following E-forms revised after these rules:
Sl. No.Form No.Particulars of the formUpdated on
1.IEPF Form -1Statement of amounts credited to Investor Education and Protection Fund    20.08.2019
2IEPF Form – 1AStatement of Amounts credited to Investor Education and Protection Fund Pursuant to Rule 5(4A)  20.08.2019
3IEPF Form – 2Statement of unclaimed and unpaid amounts20.08.2019
4IEPF Form – 4Statement of shares transferred to the Investor Education and Protection Fund20.08.2019

Source: http://www.mca.gov.in/Ministry/pdf/IEPFRules_19082019.pdf

  • As part of the revised Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund)Second Amendment Rules, 2019 dated 14th August 2019, Form IEPF-5 is introduced as a web form instead of the existing e- Form w.e.f 20th September 2019.
  • Form IEPF -5: Application to the Authority for claiming unpaid amounts and shares out of Investor Education and Protection Fund (IEPF)
  • form IEPF-5 Pending E- verification report as on 25-Dec-2019

http://www.iepf.gov.in/IEPF/pdf/IEPF5WEBFORM_26122019.xls

  • Kindly note that :
    • Relaxation of additional fees and extension of last date of filing of form IEPF – 1A and Form IEPF -2 :

The Institute of Company Secretaries of India (ICSI) Updates :

This article is updated till 31stJanuary, 2020 with all Laws / Regulations and their respective amendments.

AUTHOR : CS LALIT RAJPUT (CLICK HERE TO VIEW PROFILE)

CORPORATE COMPLIANCE CALENDAR FOR THE MONTH OF JANUARY, 2020

ABOUT THIS ARTICLE :

This article contains various Compliance requirements under Statutory Laws. Compliance means “adhering to rules and regulations.”

Compliance Requirement Under :

  1. Income Tax Act, 1961
  2. Goods & Services Tax Act, 2017 (GST)
  3. Other Statutory Laws
  4. Foreign Exchange Management Act, 1999 (FEMA)
  5. SEBI (Listing Obligations And Disclosure Requirements) (LODR) Regulations, 2015
  6. SEBI Takeover Regulations 2011
  7. SEBI (Prohibition of Insider Trading) Regulations, 2015
  8. SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018
  9. SEBI (Buyback of Securities) Regulations, 2018
  10. Companies Act, 2013 (MCA/ROC and LLP Compliance)
  11. Investor Education and Protection Fund
  12. ICSI Updates on e-CSIN

COMPLIANCE REQUIREMENT UNDER INCOME TAX ACT, 1961 :

  Income Tax Act, 1961  07.01.2020Due     date     for     deposit            of  tax deducted/collected for the month of December, 2019. (TDS & TCS)TDS & TCS
  Income Tax Act, 1961  14.01.2020Due date for issue of TDS Certificate for tax deducted under Section 194-IA in the month of December, 2019TDS Certificate u/s 194-IA
  Income Tax Act, 1961  14.01.2020Due date for issue of TDS Certificate for tax deducted under section 194-IB in the month of December, 2019TDS Certificate u/s 194-IB
  Income Tax Act, 1961  15.01.2020Due date for furnishing of Form 24G by an office of the Government where TCS for the month of December, 2019 has been paid without the production of a challanForm 24G
Income Tax Act, 196115.01.2020Quarterly statement of TCS deposited for the quarter ending December 31, 2019Quarterly statement of TCS deposited
  Income Tax Act, 1961  15.01.2020Quarterly statement in respect of foreign remittances (to be furnished by authorized dealers) in Form No. 15CC for quarter ending December, 2019Form No. 15CC
  Income Tax Act, 1961  15.01.2020  Due date for furnishing of Form 15G/15H declarations received during the quarter ending December, 2019Form 15G/15H
  Income Tax Act, 1961  30.01.2020Quarterly TCS certificate in respect of tax collected for the quarter ending December 31, 2019 
  Income Tax Act, 1961  30.01.2020  Due date for furnishing of challan-cum- statement in respect of tax deducted under section 194-IA in the month of December, 2019challan-cum-u/s 194-IA
  Income Tax Act, 1961  30.01.2020Due date for furnishing of challan-cum- statement in respect of tax deducted under section 194-IB in the month of December, 2019challan-cum-u/s 194-IB
Income Tax Act, 196131.01.2020Quarterly statement of TDS deposited for the quarter ending December 31, 2019 
  Income Tax Act, 1961  31.01.2020Quarterly return of non-deduction at source by a banking company from interest on time deposit in respect of the quarter ending December 31, 2019 
  Income Tax Act, 1961    31.01.2020  Intimation under section 286(1) in Form No. 3CEAC, by a resident constituent entity of an international group whose parent is non-residentForm No. 3CEAC

NOTE :

1. PAN-AADHAAR LINKING DEADLINE EXTENDED TO MARCH, 2020

The due date for linking of PAN with Aadhaar as specified under sub-section 2 of Section 139AA of the Income-tax Act,1961 has been extended from 31st December, 2019 to 31st March, 2020. (Notification no.107 of 2019 dated 30/12/2019 issued by CBDT.)

Source: https://www.incometaxindia.gov.in/communications/notification/notification_1 07_2019.pdf

2. PERSONS WHO HAVE MADE A DECLARATION UNDER SUB-SECTION (1) OF SECTION 183, BUT HAVE NOT MADE PAYMENT OF THE TAX AND SURCHARGE PAYABLE UNDER SECTION 184

In exercise of the powers conferred by the proviso to sub-section (1) of section 187 of the Finance Act, 2016 (28 of 2016), the Central Government hereby specifies that the persons who have made a declaration under sub-section (1) of section 183, but have not made payment of the tax and surcharge payable under section 184 and penalty payable under section 185 of the said Act, in respect of the undisclosed income, on or before the due date notified by the Central Government vide notification number S.O. 1830 (E), dated the 19th May, 2016, (as subsequently amended vide notification number S.O. 2476 (E), dated the 20th July, 2016), may make the payment of such amount on or before the 31st day of January, 2020, along with interest on such amount, at the rate of one per cent. for every month or part of a month comprised in the period commencing on the date immediately following the said due date as so notified and ending on the date of such payment.

Source: https://www.incometaxindia.gov.in/communications/notification/notification_1 03_2019.pdf

3. INCOME TAX (15TH AMENDMENT) RULES, 2019

Source: https://www.incometaxindia.gov.in/communications/notification/notification_1 04_2019.pdf

4. CLARIFICATIONS IN RESPECT OF PRESCRIBED ELECTRONIC MODES UNDER SECTION 269SU OF THE INCOME-TAX ACT, 1961

SOURCE : https://www.incometaxindia.gov.in/communications/circular/circular_32_2019.pdf


IMPORTANT NOTIFICATIONS :

  Sl. No.  Particulars of the Notification(s)  Notification Link(s)
1.Order under section 119(2) of the Income-tax Act, 1961- Extension of the due date of payment of tax deducted at source under 194M of the Achttps://www.incometaxindi a.gov.in/news/circular_31_2 019.pdf
2.Extension of due date for filing of Income-tax Returns/Tax Audit Reports to 31st January, 2020 in respect of Union Territory of Jammu and Kashmir and Union Territory of Ladakhhttps://www.incometaxindi a.gov.in/news/extension_itr eturns_tax_audit_miscomm_ 24_12_19.pdf
3.Extension of time limit for filing of response to notices issued under section 142(1) of the Income- tax Act 1961 under E-assessment Scheme 2019https://www.incometaxindi a.gov.in/news/extension_of_ time_limit_for_filing_respons e_24_12_19.pdf
4.Clarifications in respect of prescribed electronic modes under section 269SU of the Income-tax Act, 1961https://www.incometaxindi a.gov.in/news/circular_32_2 019.pdf
5.Notification No. 105/2019, prescribing electronic modes of payment u/s 269SU of the Income-tax Act, 1961https://www.incometaxindi a.gov.in/news/notification_ 105_2019.pdf
6.Public consultation on the proposal for amendment of Income-tax Rules 1962, to insert new Form 15E, to give effect to the amendment in section 195 of the Income-tax Act, 1961https://www.incometaxindi a.gov.in/news/public_consul tation_proposal_amendment itr_1962_misccomm_31_12_ 19.pdf

*Order under section 119(2) of the Income-tax Act, 1961- Extension of the due date of payment of tax deducted at source under 194M of the Act

https://www.incometaxindia.gov.in/communications/circular/circular_31_2019.pdf

COMPLIANCE REQUIREMENT UNDER GOODS & SERVICES TAX ACT, (GST) 2017 :

  Applicable Laws/Acts  Due Dates  Compliance Particulars  Forms/ (Filing mode)
GST, Act, 2017  10.01.2020Form GSTR-7 {TDS Deductor)GSTR-7
GST, Act, 2017  10.01.2020Form GSTR-8 (for the month of December 2019) -TCS Collector (Summary of Tax Collected at Source (TCS) and deposited by E-commerce operators under GST laws)GSTR – 8
GST, Act, 2017    11.01.2020 Return of outward supplies of taxable goods and/or services for the Month of December 2019 (for Assesses having turnover exceeding 1.5 Cr.) Monthly Return.GSTR – 1
GST, Act, 2017  13.01.2020Due date for Furnishing return of December 2019 by Input Service Distributors (ISD)GSTR – 6
GST, Act, 201720th of the succeedingPayment of self-assessed tax (Payment of tax shall be made by 20th of the month succeeding the month to which the liability pertains.)    PMT-08
 GST, Act, 201718 months after end of the quarter for which refund is to be claimed    Application for Refund      RFD-10
  GST, Act, 2017  20.01.2020Summary of outward taxable supplies and tax payable by Non-Resident taxable person & OIDAR respectively. (for the month of December, 2019)  GSTR-5 & GSTR – 5A
  GST, Act, 2017  20.01.2020Simple GSTR return for the month of December, 2019  GSTR – 3B
  GST, Act, 2017  18.01.2020Return filed by composition dealer statement-cum-challan to declare the details or    summary of  his/her self- assessed tax payable for a given quarter. (October 2019 to December 2019)CMP – 08
  GST, Act, 2017  31.01.2020  Annual Returns for FY 2017-18GSTR-9, GSTR-9A & GSTR-9C
  GST, Act, 20173 months of the registration cancellation date or order cancellation date, whichever comes late A taxable person who opts for cancellation of GST registration has to file a final return under GST law in form GSTR-10 within three months.  GSTR – 10
  GST, Act, 201728TH of the month following the month in which an inward supply                          is received   by  the UIN holdersStatement of inward supplies by persons having Unique Identification Number (UIN)  GSTR – 11

KEY UPDATE(s) :

1. Annual Return 2017-18

Updated version of the Offline tool of GSTR-9C (Version 1.5) was made available on the portal on 24-12-2019. A minor issue has come to notice in auditor`s certificate issued in Part-B(ii) . The issue will be fixed shortly. In the meantime, where Part-B(ii) of the certificate is not applicable i.e. auditor preparing GSTR-9C has also conducted audit of the business and same number is applicable, they may continue with statement preparation and filing. (https://www.gst.gov.in/newsandupdates/read/343)

2. Forms available on GST Portal for Taxpayers and Tax Officials

Government has issued various forms for GST related compliances to be made by taxpayers and for taking actions on them by tax officials. Various forms issued for registration, filing returns or refunds etc. have been made available on the GST Portal.. (https://www.gst.gov.in/newsandupdates/read/340 )

3. List of CGST nodal officers for IT Grievance Redressal :

http://cbic.gov.in/htdocs-cbec/gst/IT-Grievance-Nodal-Officers.xlsx

4. Blocking and Unblocking of EWB generation facility at E-way Bill Portal

https://www.gst.gov.in/newsandupdates/read/336

5. EXPLANATORY NOTES TO THE SCHEME OF CLASSIFICATION OF SERVICES

http://www.cbic.gov.in/resources//htdocs-cbec/gst/explanatory_notes_01oct19.pdf

GST UPDATES AS ON 29.11.2019 :

Sl. No.Notification(s)Notification No.Link(s)
    1.Seeks to extend the due date for furnishing of return in FORM GSTR-1 for registered persons in Jammu and Kashmir having aggregate  turnover  more than 1.5 crore rupees for the months of   July,   2019   to September, 2019 63/2019-Central Tax ,dt. 12-12-2019    http://www.cbic.gov.in/h tdocs-cbec/gst/notfctn- 63-central-tax-english- 2019.pdf
2.Seeks to extend the due date for furnishing of return in FORM GSTR-1 for registered persons in Jammu and Kashmir having aggregate turnover more than 1.5 crore rupees for the month of October, 2019.64/2019-Central Tax ,dt. 12-12-2019  http://www.cbic.gov.in/h tdocs-cbec/gst/notfctn- 64-central-tax-english- 2019.pdf
3.Seeks to extend the due date for furnishing of return in FORM GSTR-7 for registered persons in Jammu and Kashmir for the months of July, 2019 to October, 2019.65/2019-Central Tax ,dt. 12-12-2019  http://www.cbic.gov.in/h tdocs-cbec/gst/notfctn- 65-central-tax-english- 2019.pdf
4.Seeks to extend the due date for furnishing of return in FORM GSTR-3B for registered persons in Jammu and Kashmir for the months of July, 2019 to September, 201966/2019-Central Tax ,dt. 12-12-2019  http://www.cbic.gov.in/h tdocs-cbec/gst/notfctn- 66-central-tax-english- 2019.pdf
    5.Seeks to extend the due date for furnishing of return in FORM GSTR-3B for registered persons in Jammu and Kashmir for the month of October, 201967/2019-Central Tax ,dt. 12-12-2019  http://www.cbic.gov.in/h tdocs-cbec/gst/notfctn- 67-central-tax-english- 2019.pdf
  6.Seeks to carry out changes in the CGST Rules, 2017.68/2019-Central Tax ,dt. 13-12-2019http://www.cbic.gov.in/h tdocs-cbec/gst/notfctn- 68-central-tax-english- 2019.pdf
  7.Seeks to notify the common portal for the purpose of e- invoice.69/2019-Central Tax ,dt. 13-12-2019http://www.cbic.gov.in/h tdocs-cbec/gst/notfctn- 69-central-tax-english- 2019.pdf
  8.Seeks to notify the class of registered person required to issue e-invoice.70/2019-Central Tax ,dt. 13-12-2019http://cbic.gov.in/htdocs-cbec/gst/notfctn-70-central-tax-english-2019.pdf
    9.Seeks to give effect to the provisions of rule 46 of the CGST Rules, 2017.71/2019-Central Tax ,dt. 13-12-2019http://www.cbic.gov.in/h tdocs-cbec/gst/notfctn- 71-central-tax-english- 2019.pdf
    10.Seeks to notify the class of registered person required to issue invoice having QR Code.72/2019-Central Tax ,dt. 13-12-2019http://www.cbic.gov.in/h tdocs-cbec/gst/notfctn- 72-central-tax-english- 2019.pdf
  11.Seeks to extend the last date for filing of FORM GSTR-3B for the month of November, 2019 by three days from 20.12.2019 till 23.12.2019.  73/2019-Central Tax ,dt. 23-12-2019http://cbic.gov.in/htdocs-cbec/gst/notfctn-73-central-tax-english-2019.pdf
12.Seeks to waive late fees for non- filing of FORM GSTR-1 from July, 2017 to November, 2019.74/2019-Central Tax ,dt. 26-12-2019http://cbic.gov.in/htdocs-cbec/gst/notfctn-74-central-tax-english-2019.pdf
13.Seeks to carry out changes in the CGST Rules, 2017.75/2019-Central Tax ,dt. 26-12-2019http://cbic.gov.in/htdocs-cbec/gst/notfctn-75-central-tax-english-2019.pdf
14.Seeks to extend the due date for furnishing of return in FORM GSTR-1 for registered persons in Assam, Manipur or Tripura having aggregate turnover more than 1.5 crore rupees for the month of November, 2019.    76/2019-Central Tax ,dt. 26-12-2019 http://cbic.gov.in/htdocs-cbec/gst/notfctn-76-central-tax-english-2019.pdf
15.Seeks to extend the due date for furnishing of return in FORM GSTR-3B for registered persons in Assam, Manipur, Meghalaya or Tripura for the month of November, 2019  77/2019-Central Tax , dt. 26-12-2019http://cbic.gov.in/htdocs-cbec/gst/notfctn-77-central-tax-english-2019.pdf
16.Seeks to extend the due date for furnishing of return in FORM GSTR-7 for registered persons in Assam, Manipur or Tripura for the month of November, 2019.  78/2019-Central Tax ,dt. 26-12-2019http://cbic.gov.in/htdocs-cbec/gst/notfctn-78-central-tax-english-2019.pdf

Important Circulars :

Sl. No.Circular (s)File No.Link(s)
  1.seeks to ab-initio withdraw the Circular No. 107/26/2019 dated 18.07.2019. (Circular no. 127/2019)  F. No. CBEC – 20/06/03/2019 – GST dated 04.12.2019    http://www.cbic.gov.in/htdocs- cbec/gst/circular-cgst-127.pdf
    2.Generation and quoting of Document      Identification Number (DIN) on any communication issued by the officers of the Central Board of Indirect Taxes and Customs (CBIC) to tax payers and other concerned persons. (Circular no. 128/2019)        F. No. GST/INV/ DIN/01/2019-20 dated 23.12.2019          http://www.cbic.gov.in/htdocs- cbec/gst/circular-cgst-128.pdf
  3.Standard Operating Procedure to be followed in case of non- filers of returns – reg. (Circular no. 129/2019)  F. No. CBEC- 20/06/04/2019-GST ,dt. 24-12-2019     http://www.cbic.gov.in/htdocs- cbec/gst/circular-cgst-129.pdf
  4.  RCM   on            renting            of            motor vehicles.   (Circular no. 130/2019)    F. No. 354/189/2019- TRU ,dt. 31-12-2019      http://www.cbic.gov.in/htdocs- cbec/gst/circular-cgst-130.pdf

COMPLIANCE UNDER OTHER STATUTORY LAWS

  Applicable Laws/Acts  Due Dates  Compliance Particulars  Forms / (Filing mode)
EPF (The Employees’ Provident Funds And Miscellaneous Provisions Act, 1952)    15.01.2020PF Payment for December, 2019    ECR
ESIC (Employees’ State Insurance Act, 1948)    15.01.2020ESIC Payment for December , 2019ESI CHALLAN
Factories Act, 194815.01.2020Yearly Return Ending 31St Dec, 2019 
Factories Act, 194815.01.2020Half Yearly Return Ending 31St Dec, 2019 
Contract Labour (R & A) Act30.01.2020Half Yearly Return By The Contractor Ending 31St December 

QUICK REVIEW ON COMPLIANCE PARTICULARS :

Sl. No.Name of the Act(s)Compliance Particulars
          1.          Factories Act 1948Annual returns and half year returns submitted on time with correct details   All story statutory registers are maintained   Appointment of Safety Officer, Welfare Officer, if applicable, and its qualification matching as per the act   Canteen, Creche, rest room facilities are available
          2.          Contact Labor Act 1970First check if this act is applicable to factory and to contractor. General rule say it is applicable for more than 20 contract workers. But it differs differs from state to state   Principal Employer Registration, all contractor are listed on RC   Contractor have valid License   Contractor have submitted all dues like PF, ESIC, PT, LWF on time.
    3    Payment of Gratuity Act 1972:Gratuity are paid to left employees who have completed 5 years Company have authorised one managerial personnel in organisation to receive all notice, letter, communication, etc
  4.  Payment of Bonus Act 1965Bonus are paid on time. Returns submitted, register are maintained
      5.    Payment of Wages 1936 and Minimum Wages Act 1948:All registers are maintained Payment of Wages are done on time. Wages are paid above minimum wages.

COMPLIANCES UNDER FEMA / RBI :

  Applicable Laws/Acts  Due Dates  Compliance Particulars  Forms / (Filing mode)
    FEMA               ACT 1999    Monthly BasisExternal                         Commercial Borrowings : Borrowers are required to report all ECB transactions to the RBI on a monthly basis through an AD Category – I Bank in the form of ‘ECB 2 Return’.      ECB 2 Return
  FEMA               ACT 1999  Not later than 30 days from the date of issue of sharesAfter issue of shares or other eligible securities, the Indian company has to file  Form FC-GPR
    FEMA               ACT 1999With in 60 days from the date of receipt of the amount of consideration.Reporting of transfer of shares and other eligible securities between residents and non- residents and vice- versa is to be made in Form FC-TRS.    Form FC-TRS.
      FEMA               ACT 1999With in Six (6) months {receive share certificates or any other documentary evidence of investment in the foreign JV / WOS as an evidence of investment and submit the same to the designated AD within 6 months;}An Indian Party and a Resident Individual making an overseas investment is required to submit form ODI (Overseas investments (or financial commitment) in Joint Ventures (JV) and Wholly Owned Subsidiaries (WOS))      Form ODI

COMPLIANCE REQUIREMENT UNDER SEBI (LISTING OBLIGATIONS AND DISCLOSURE REQUIREMENTS) (LODR) REGULATIONS, 2015 :

FILING MODE(s) :

  • For BSE : BSE LISTING CENTRE
  • For NSE : NEAPS Portal

Quarterly Compliances :

  Sl. No.  Regulation No.  Compliance Particular  Compliance Period (Due Date)
  1  Regulation 13 (3)Statement of  Investor complaints Within 21 days from the quarter end.
  2  Regulation 27 (2)Corporate Governance Report Within 15 days from quarter end.
  3  Regulation 31Shareholding Pattern Within 21 days from quarter end
  4  Regulation 32(1)Statement of deviation(s) or variation(s). (*for public issue, rights issue, preferential issue etc.)Quarterly Basis
  5  Regulation 69Indian Depository Receipt holding pattern  & Shareholding details. within 15 days of end of the quarter

Half Yearly Compliances :

  Sl. No.  Regulation No.  Compliance ParticularCompliance Period (Due Date)
1Regulation 7(3)Compliance Certificate certifying maintaining physical and electronic transfer facilityWithin one month of end of each half of the financial year
2Regulation 40(9)Certificate                                   from Practicing                            Company Secretary (PCS)Within one month of end of each half of the financial year
3Regulation 40(10)Transfer or transmission or transposition of securitiesWithin one month of end of each half of the financial year
4.Regulation 33 (SME)Un audited Financial Results within 45 days & Audited finance within 60 daysApril to Sep : 14th day of November Oct to March: & Full year Audited: 30th May

Annual Compliances :

  Sl. No.  Regulation No.  Compliance Particular  Compliance Period (Due Date)
  1  Regulation 14Listing  fees & other ChargesPayment manner as specified by the Board of by Recognised Stock Exchange.
  2Regulation 34* (shall be amended w.e.f. April 2019)Annual ReportWithin 21 working days from the AGM Date
     3.  Regulation 34(1)(a)a copy of the annual report sent to the shareholders along with the notice of the annual general meeting not later than the day of commencement of dispatch to its shareholders;Within one days from Dispatch to shareholder
    4.Annual report in XBRL mode 16 may 2019 BSE CIRCULAR’ https://www.bseindia. com/corporates/Displ aydata.aspx?Id=7a3c84 14-03fa-4976-8579- db3f8fc8d2bc&Page=ci rFilings in respect of Annual Report has to be done by all listed entities in XBRL mode in addition to the currently used PDF mode mandatorily, for periods ending March 31, 2019.Same time limit of Regulation 34
      5.      Regulation 34(1)(b)in the event of any changes to the annual report, the revised copy along with the details of and explanation for the changes shall be sent not later than 48 hours after the annual general meeting.      Within 48 hours after AGM
    6.    Regulation 36The listed entity shall send annual report referred to in to the holders of securities, not less than twenty-one days before the annual general meeting.21 days Before AGM (in soft or hard copy)

Event based Compliances :

  Sl. No.  Regulation No.  Compliance Particular  Compliance Period (Due Date)
  1.  Regulation 7 (5)  Intimation of appointment      / Change of Share Transfer Agent.Within 7 days of Agreement with RTA.
  2.  Regulation 17(2)  Meeting of Board of DirectorsThe board of directors shall meet at least 4 times a year, with a maximum time gap of 120 days between any two meetings.
    3.  Regulation 18(2)  Meeting      of                     the                     audit committeeThe audit committee shall meet at least 4 times in a year and not more than 120 days shall elapse between two meetings.
    4.    Regulation 29  Notice for Board Meeting to consider the prescribed matters.The Company shall give an advance notice of: a) at least 5 days for Financial
   Result as per Regulation 29 1 (a)   b) in case matters as stated in regulation 29 1 (b) to (f) – 2 Working days in advance(Excluding the date of the intimation and date of the meeting) to Stock Exchange. c) 11 working days in case matter related to alteration in i) Securities ;ii) date of interest or redemption of Debenture / bond as per regulation 29(3) (a) ,(b).
  5  Regulation 30Outcome of Board Meeting (Schedule III Part A- (4)within 30 minutes of the closure of the meeting
        6.        Regulation 31 Holding of specified securities and shareholding patternReg. 31(1)(a):1 day prior to listing of its securities on the stock exchange(s);   Reg. 31(1)(c): within 10 days of any capital restructuring of the listed entity resulting in a change exceeding 2 % of the total paid-up share capital.
              7.              Regulation 39 Issuance of Certificates or Receipts/Letters/Advices for securities and dealing with unclaimed securities.Reg. 39(2): The listed entity shall issue certificates or receipts or advices, as applicable, of subdivision, split, consolidation,                    renewal, exchanges, endorsements, issuance of duplicates thereof or issuance of new certificates or receipts or advices, as applicable, in cases of loss or old decrepit or worn out certificates or receipts or advices, as applicable within 30 days from the date of such lodgement.
   Reg. 39(2): The listed entity shall submit information regarding loss of share certificates and issue of the duplicate certificates, to the stock exchange within 2 days of its getting information.
          8.          Regulation 40 Transfer or transmission or transposition of securitiesAfter due verification of the documents, the Listed Company shall register transfers of its securities in the name of the transferee(s) and issue certificates or receipts or advices, as applicable, of transfers; or issue any valid objection or intimation to the transferee or transferor, as the case may be, within a period of 15 days from the date of such receipt of request for transfer: Transmission requests are processed for securities held in dematerialized mode and physical mode within 7 days and 21 days respectively, after receipt of the specified documents
  9.  Regulation 43Declaration of Dividend The company has to declare and disclose the dividend on per share basis only.
    10    Regulation 46Company Website:. Listed entity shall disseminate the information as stated in Regulation 46 (2)Shall update any change in the content of its website within 2 working days from the date of such change in content.
      11.      Regulation 50      Intimation          to stock exchange(s).Listed Company shall give prior intimation at least 11 working days before the date on and from which the interest on debentures and bonds, and redemption        amount       of
   redeemable    shares                         or                         of debentures and bonds shall be payable.
    12.    Regulation 57Other submissions to stock exchange(s).Listed Company shall submit a certificate to the stock exchange within 2 days of the interest or principal or both becoming due that it has made timely payment of interests or principal obligations or both in respect of the non convertible debt securities.
              13. Regulation 82Intimation and                      filings with stock exchange(s).Intention to issue new securitized debt instruments either through a public issue or on private placement basis :   Reg. 82(2) : Intimation of Meeting at least 2 working days in advance, excluding the date of the intimation and date of the meeting, regarding the meeting of its board of trustees, at which the recommendation                                   or declaration of issue of securitized debt instruments or any other matter affecting the rights or interests of holders of securitized debt instruments is proposed to be considered
      14.SCHEDULE III PART – A: DISCLOSURES OF EVENTS OR INFORMATION: SPECIFIED SECURITIESEvents which shall be disclosed without any application of the guidelines for materiality as specified in sub-regulation (4) of regulation (30)(7B) In case of resignation of an independent director of the listed entity, within 7 days from the date of resignation, the following disclosures shall be made to the stock exchanges by the listed entities as mentioned in 7B (i), 7B(ii) & 7B(iii).
    15.Regulation 106JPeriod   of               subscription               and issue of allotment letter.A rights issue shall be open for subscription in India for a period as applicable under the
   laws of its home country but in no case less than 10 days.
    16.    Regulation 108Application for Listing.The issuer / the issuing company, shall, make an application for listing, within 20 days from the date of allotment, to one or more recognized stock exchange(s) along with the documents specified by stock exchange(s) from time to time.
      17.      Regulation 23Corporate                      governance requirements with respect to subsidiary of listed entityThe listed entity shall submit within 30 days from the date of publication of its standalone and consolidated financial results for the half year, disclosures of related party transactions on a consolidated basis, in the format specified in the relevant accounting standards for annual results to the stock exchanges and publish the same on its website.
    18.    Regulation 24A        Secretarial AuditEvery listed entity and its material unlisted subsidiaries incorporated in India shall undertake secretarial audit and shall annex with its annual report, a secretarial audit report, given by a company secretary in practice, in such form as may be specified with effect from the year ended March 31, 2019. On or before: 30th day of May (within 60 days from the Closure of FY)
      19.      Regulation 23(9)The listed entity shall submit within 30 days from the date of publication of its standalone and consolidated financial results for the half year, disclosures of related party transactions on a consolidated basis, in the format specified in    the   relevant   accounting standards for annual results to the     stock     exchanges   andDisclosure Of Related Party Transactions Pursuant To Regulation 23(9) Of The SEBI (Listing Obligations And Disclosure Requirements) Regulations, 2015 WITHIN 30 days from the date of publication of Financial Results (for half year )
  publish the same on its website. 
        20.SEBI   CIRCULAR NOV 26, 2018 https://www.sebi.go v.in/legal/circulars/ nov-2018/fund- raising-by-issuance- of-debt-securities- by-large- entities_41071.htmlInitial Disclosure to be made by an entity identified as a Large Corporate. Within 30 days from the beginning of the FY Annual Disclosure to be made by an entity identified as a LC To be submitted to the Stock Exchange(s) within 45 days of the end of the FY)APRIL 30 Annexure A   MAY 15 Applicable     for FY 2020 and 2021 Annexure B1 MAY 15 Applicable      from FY 2022 onwards Annexure B2
                    21.Regulation 30 (6) read with Para A of Part A of Schedule III (except sub para 4 of with Para A of Part A of Schedule IIIThe listed entity shall first disclose to stock exchange(s) of all events, as specified in Part A of Schedule III, or information as soon as reasonably possible and not later than twenty four hours from the occurrence of event or information:   Provided that in case the disclosure is made after twenty four hours of occurrence of the event or information, the listed entity shall, along with such disclosures provide explanation for delay Example : Proceedings of Annual and extraordinary  general meetings of the listed entity.24 hours of Occurrence of event
        22.SCHEDULE III PARTA A (SUB CLAUSE 7A)In case of resignation of the auditor of the listed entity, detailed reasons for resignation of auditor, as given by the said auditor, shall be disclosed by the listed entities to the stock exchanges as soon as possible but  not  later than24 hours of Occurrence of event
  twenty four hours of receipt of such reasons from the auditor 
        23.      SCHEDULE III PARTA A (SUB CLAUSE 7B)In case of resignation of an independent director of the listed entity, within seven days from the date of resignation, the following disclosures shall be made to the stock exchanges by the listed entitieswithin 7 days from the date of resignation
        24.        Regulation 37(1)Draft Scheme of Arrangement & Scheme of Arrangement before for obtaining Observation Letter or No- objection letter, before filing such scheme with any Court or Tribunal, in terms of requirements specified by the Board or stock exchange(s) from time to time.Before filling the same with any court or tribunal
          25.      Regulation 37(1) read with Section 31 of the Insolvency Code,No need to follow Regulation 37 & 94 if restructuring proposal approved as part of a resolution plan by the Tribunal under section 31 of the Insolvency Code, subject to the details being disclosed to the recognized stock exchanges within one day of the resolution plan being approvedwithin one day of the resolution plan being approved
        26.        Regulation 42(2)The listed entity shall give notice in advance of atleast seven working days (excluding the date of intimation and the record date) to stock exchange(s) of record date specifying the purpose of the record date. (Refer 42(1) Record date)      7 working days (excluding the date of intimation and the record date)
  27.  Regulation 44(3)The listed entity shall submit to the stock exchange, within forty eight hours of conclusion of its General Meeting, details regarding the voting results in  within 48 hours of conclusion of its General Meeting
  the format specified by the Board. 
          28.          Regulation 31ARe-classification of status of a promoter/ person belonging to promoter group to public   an application for re- classification to the stock exchanges has been made by the listed entity consequent to the following procedures and not later than thirty days from the date of approval by shareholders in general meeting:Not later than 30 days of general Meeting
          29.    Regulation 50(1) (Debt             OR             Non- Convertible Redeemable Preference Shares Or Both)Intimation to stock exchange(s). Listed Company shall give prior intimation at least 11 working days before the date on and from which the interest on debentures and bonds, and redemption amount of redeemable shares or of debentures and bonds shall be payable.at least 11 working days
              30.          Regulation 50(3) (Debt             OR             Non- Convertible Redeemable Preference Shares Or Both)The listed entity shall intimate to the stock exchange(s), at least two working days in advance, excluding the date of the intimation and date of the meeting, regarding the meeting of its board of directors, at which the recommendation                                    or declaration of issue of non convertible debt securities or any other matter affecting the rights or interests of holders of non convertible debt securities or non convertible redeemable preference shares is proposed to be considered.at least 2 working days in advance, excluding the date of the intimation and date of the meeting
  31.Regulation 52 (1) and (2) (Debt   OR             Non- ConvertibleFinancial Result The listed entity shall prepare and submit un-audited orUnaudited: 45 days from half end Audited: 60 days of half end Sumbit The Copy Of Fr To
 Redeemable Preference Shares Or Both)audited financial results on a half yearly basis in the format as specified by the Board within forty five days from the end of the half year to the recognised stock exchange(s)Debenture Trustees On Same Day After Submission To Stock Exchange
          32. Regulation 52(5) (Debt OR Non- Convertible Redeemable Preference Shares Or Both)The listed entity shall, within seven working days from the date of submission of the information required under sub- regulation (4),ie information submitted with Financial Results submit to stock exchange(s), a certificate signed by debenture trustee that it has taken note of the contents.7 working days of FR
          33.Regulation 57 (Debt   OR Non- Convertible Redeemable Preference Shares Or Both)Other submissions to stock exchange(s).   Listed Company shall submit a certificate to the stock exchange within 2 days of the interest or principal or both becoming due that it has made timely payment of interests or principal obligations or both in respect of the non convertible debt securities.          within 2 days
        34.Regulation 60(2) (Debt OR Non- Convertible Redeemable Preference Shares Or Both)The listed entity shall give notice in advance of atleast seven working days (excluding the date of intimation and the record date) to stock exchange(s) of record date specifying the purpose of the record date. (Refer 60(1) Record date)7 working days (excluding the date of intimation and the record date)
    35.Regulation 78(2) (Obligations                   of listed entity which has listed its indian depository receipts)Record date The listed entity shall give notice in advance of at least four working days to the recognised stock exchange(s) of record date specifying the purpose of the record date.at least 4 working days
    
                      36.Regulation 82 (Obligations Of Listed Entity Which Has Listed Its Securitised Debt Instruments)Intimation and filings with stock exchange(s).   Intention to issue new securitized debt instruments either through a public issue or on private placement basis :   Reg. 82(2) : Intimation of Meeting at least 2 working days in advance, excluding the date of the intimation and date of the meeting, regarding the meeting of its board of trustees, at which the recommendation or declaration of issue of securitized debt instruments or any other matter affecting the rights or interests of holders of securitized debt instruments is proposed to be considered                    At least 2 working days in advance
          37.Regulation 87(2) (Obligations of listed entity which has listed its indian depository receipts)Record date The listed entity shall give notice in advance of atleast seven working days (excluding the date of intimation and the record date) to the recognised stock exchange(s) of the record date or of as many days as the Stock Exchange may agree to or require specifying the purpose of the record date.at least 7 working days(excluding the date of intimation and the record date)
        38.Regulation 87B (Obligations                Of Listed Entity Which Has Listed Its Security Receipts)The listed entity shall first disclose to stock exchange(s) of all events or information, as specified in Part E of Schedule III, as soon as reasonably possible but not later than twenty four hours from occurrence of the event or information: Provided that in case the disclosure is made after24 hours of Occurrence of event
  twenty four hours of occurrence of the event or information, the listed entity shall, along with such disclosures                      provide explanation for the delay. 
          39.Regulation 87E (Obligations Of Listed Entity Which Has Listed Its Security Receipts)Record date The listed entity shall give notice in advance of atleast seven working days (excluding the date of intimation and the record date) to the recognised stock exchange(s) of the record date or of as many days as the Stock Exchange may agree to or require specifying the purpose of the record date.at least 7 working days (excluding the date of intimation and the record date)

SEBI Takeover Regulations 2011 :

  Sl. No.  Regulation No.  Compliance Particular  Compliance Period (Due Date)
  1  Regulation 30(1)Every person, who together with persons acting in concert with him, holds shares or voting rights entitling him to exercise 25% or more of the voting rights in a target company, shall disclose their aggregate shareholding and voting rights as of the 31st day of March, in such target company in such form as may be specified.Disclosures shall be made within seven (7) working days from the end of each financial year to; every stock exchange where the shares of the target company are listed; andthe target company at its registered office.
      2Regulation 30(2)The promoter of every target company shall together with persons acting in concert with him, disclose their aggregate shareholding and voting rights as of the thirty- first day of March, in such target company in such form as mayDisclosures shall be made within seven (7) working days from the end of each financial year to; every stock exchange where the shares of the target company are listed; andthe target company at its registered office.
            3.Regulation 31(1) read with Regulation 28(3) of Takeover Regulations AUGUST 7, 2019 CIRCULAR https://www.sebi.go v.in/legal/circulars/ aug- 2019/disclosure-of- reasons-for- encumbrance-by- promoter-of-listed- companies_43837.ht ml  The promoter of every listed company shall specifically disclose detailed reasons for encumbrance if the combined encumbrance by the promoter along with PACs with him equals or exceeds: a) 50% of their shareholding in the company; or b) 20% of the total share capital of the company,            within 2 (two) working days

SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018 :

  Sl. No.  Regulation No.  Compliance Particular  Compliance Period (Due Date)
              1Schedule XIX – Para (2) of ICDR Read with Reg 108 of SEBI LODR“The issuer shall make an application for listing from the date of allotment, within such period as may be specified by the Board from time to time, to one or more recognized stock exchange(s)”. In regard to above, it is specified that Issuer shall make an application to the exchange/s for listing in case of further issue of equity shares from the date of allotment within 20 days (unless otherwise specified).          Within 20 days from the date of allotment
  2  Regulation 162The tenure of the convertible securities of the issuer shall not exceed eighteen months from the date of their allotment.Within 18 months from date of allotment
      3SEBI CIRCULAR Aug 19, 2019 https://www.sebi.gov.in/l egal/circulars/aug- 2019/non-compliance- with-certain-provisions-of- sebi-issue-of-capital-and- disclosure-requirements- regulations-2018-icdr- regulations-_43941.htmlApplication for trading approval to the stock exchange Listed entities shall make an application for trading approval to the stock exchange/s within 7 working days from the date of grant of listing approval by the stock exchange/s.Within 7 working days from grant of date of listing approval
  Completion of Bonus Issue: 
          4          Regulation 295(1)Within 15 days from the date of approval of the issue by its board of directors – in cases where shareholders’ approval for capitalization of profits or reserves for making the bonus issue is not required Within 2 months from the date of the meeting of its board of directors wherein the decision to announce bonus issue was taken subject to shareholders’ approval – in cases where issuer is required to seek shareholders’ approval for capitalization of profits or reserves for making the bonus issue.Within 15 days from Board Approval (where shareholder approval is not required)   Within 2 months from Board Approval ( where shareholder approval is required)

SEBI   (Buyback    of   Securities)     Regulations,       2018  (Buyback Regulations) :

  Sl. No.  Regulation No.  Compliance Particular  Compliance Period (Due Date)
        1      Regulation                        11 and 24(iv)Extinguishment of equity shares in connection with Buyback The particulars of the security certificates extinguished and destroyed shall be furnished by the company to the stock exchanges where the shares or other  specified securities of the company are listed within seven days of extinguishment and destruction of the certificates7 days               of extinguishment and destruction of the certificates

CIRCULARS TO LISTED COMPANIES – DECEMBER, 2019 :

  Sl. No.  Date  Particulars of the Circulars  Link
103.12.2010Guidelines for preferential issue of units and institutional placement of units by a listed Real Estate Investment Trust (REIT)https://www.bseindia.com/co rporates/Displaydata.aspx?Id= 64e7bcc3-66a8-4ab4-b7e2- 52aace66ceaa&Page=cir
204.12.2010Guidelines for preferential issue of units and institutional placement of units by a listed Infrastructure Investment Trust (InvIT)https://www.bseindia.com/co rporates/Displaydata.aspx?Id= a33bd360-7250-4e4d-b065- 8a07b3244130&Page=cir
310.12.2010Securities And Exchange Board Of India (Issue Of Capital And Disclosure Requirements) (Fifth Amendment) Regulations, 2019https://www.bseindia.com/co rporates/Displaydata.aspx?Id= 813719d7-994b-45cd-8447- f8ef81e0fabd&Page=cir
412.12.2010Filing of Offer Documents under Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2018https://www.bseindia.com/co rporates/Displaydata.aspx?Id= fa1f7f29-c352-417c-b53b- 7581d9a3ec98&Page=cir
524.12.2010Format on Statement of Deviation or Variation for proceeds of public issue, rights issue, preferential issue, Qualified Institutions Placement (QIP) etc.https://www.bseindia.com/co rporates/Displaydata.aspx?Id= 32eca170-4eee-4b0c-ab5b- 627c0cdc85f0&Page=cir
624.12.2010Guidelines for filing of placement memorandum – InvITs proposed to be listedhttps://www.bseindia.com/co rporates/Displaydata.aspx?Id= 30b16b3f-f0bf-48a8-8443- 6e58b5696be9&Page=cir
726.12.2010Framework for listing of Commercial Paper- Amendmentshttps://www.bseindia.com/co rporates/Displaydata.aspx?Id= f31155a5-e849-4b50-99fa- b81fc55b584f&Page=cir
827.12.2010Guidelines on Framework for listing of Commercial Paperhttps://www.bseindia.com/co rporates/Displaydata.aspx?Id= 18cba630-1c70-4f84-947d- 54c9164c6183&Page=cir

COMPLIANCE REQUIREMENT UNDER COMPANIES ACT, 2013 AND RULES MADE THERE UNDER :

  Applicable Laws/Acts  Due Dates  Compliance Particulars  Forms / Filing mode
          Companies Act, 2013Within 180 Days From The Date Of Incorporation Of The CompanyAs per Section 10 A (Commencement of Business) of the Companies Act, 2013, inserted vide the Companies (Amendment) Ordinance, 2018 w.e.f. 2nd November, 2018, a Company Incorporated after the ordinance and having share capital shall not commence its business or exercise any borrowing powers unless a declaration is filed by the Director within 180 days from the date of Incorporation of the Company with the ROC.            MCA E- Form INC 20A
  http://www.mca.gov.in/Ministry/pdf/CompaniesFo urthAmendmentRules_19122018.pdf 
  A person having Significant beneficial owner shall file a declaration to the reporting company 
      Companies Act, 2013First declaration within 90 days from the date of notification Dt. 08.02.2019 (i.e. On or before 8th of May, 2019)http://www.mca.gov.in/Ministry/pdf/Companies OwnersAmendmentRules_08020219.pdf i.e. within 90 days of the commencement of the Companies (Significant Beneficial Owners) Amendment Rules, 2019 i.e. 08.02.2019   In case Subsequent Acquisition of the title of Significant Beneficial Owner / Any Change therein a declaration in Form No. BEN-1 required to be filed to the reporting company, within 30 days of acquiring such significant beneficial ownership or any change therein.  Form BEN-1 Draft Format available at https://enlightengo vernance.blogspot.c om/2019/07/draft- format-for-ben-1- sbo-rules-2018.html
    Companies Act, 201331.12.2019   (Due Date Extended From 30.09.2019 to 31.12.2019)Filing of form BEN-2 under the Companies (Significant Beneficial Owners) Rules, 2018. (Within 30 days from deployment of the E –form (earlier the date of receipt of declaration in BEN-1 )  Form BEN – 2 (e-form deployed by Ministry (ROC)) on 01.07.2019
  http://www.mca.gov.in/Ministry/pdf/Gen eralCircular_24092019.pdf 
    Companies Act, 2013On or before 15.06.2019 (form can be filed after due date with a fee of Rs. 10000 (one time fee)Filing   of    the    particulars   of              the Company & its registered office. (by every company incorporated on or before the 31.12.2017.) Due date extended- Link : http://www.mca.gov.in/Ministry/pdf/Companies RegistrationOfficesFeesRule_25042019.pdf      Active Form INC -22A
  *DIN KYC through DIR 3 KYC Form is an Annual Exercise. 
  Last date for filing DIR-3 KYC for Financial year 2018-19 has been extended till 14th November 2019 
  Companies Act, 201314.10.2019 (can be filed after due date with a penalty of Rs. 5000/-)http://www.mca.gov.in/Ministry/pdf/Co mpanies5thAmendtRules_30092019.pdf and http://www.mca.gov.in/Ministry/pdf/Co mpanies4thAmendtRules_30092019.pdfE-Form DIR – 3 KYC (Web Based and E-form)
  Annual Exercise: 
  http://www.mca.gov.in/Ministry/pdf/DIR3KY CcompleteMessage_13042019.pdf 
  Penalty after due date is Rs. 5000/- (one time) 
  Reconciliation of Share Capital Audit Report (Half-yearly) 
      Companies Act, 2013within 60 days from the date of deployment of this form on the website of the Ministry.Pursuant to sub-rule Rule 9A (8) of Companies (Prospectus and Allotment of Securities) Rules, 2014 To be filed all unlisted companies, deemed public companies Till further clarification to be filled in GNL-2 Applicable w.e.f. 30.09.2019 http://www.mca.gov.in/Ministry/pdf/Rules_2 3052019.pdf      E-Form PAS – 6 (E-Form, Not yet deployed)
  Extension Notification: 
  http://www.mca.gov.in/Ministry/pdf/FormPA S6_28112019.pdf 
    Companies Act, 201330.11.2019 IEPF Authority (Accounting, Audit, Transfer and Refund) Second Amendment Rules, 2019    Form IEPF-2
  Statement of unclaimed and unpaid amounts 
  Companies Act, 2013On or before 31.12.2019Statement of Amounts credited to Investor Education and Protection Fund Pursuant to Rule 5(4A)    IEPF Form – 1A
  Companies Act, 201390 days from the date of deployment of this form on the website of (NFRA).Annual Return To Be Filed By Auditor With The National Financial Reporting Authority http://www.mca.gov.in/Ministry/pdf /NFRA_27112019.pdf  NFRA-2

Due dates of ROC Return Filings :

Sl. No.ParticularsDue DateE- Form
  1Appointment of AuditorWithin 15 days from the conclusion of AGM (ratification at every annual general meeting is not mandatory)  ADT-1
    2Filing of financial statement and other documents with the ROCOn or before 30.11.2019 (due date extended) With in 30 days from the conclusion of the AGM, other than OPC (In case of OPC within 180 days from the close of the financial year)    AOC-4*
  3Filing of annual return by a company.On or before 31.12.2019 (due date extended) With in 60 days from the conclusion of AGMMGT-7*
    4Filing of Cost Audit Report with the Central Government*On or before 29.O2.2O2O. (due date extended) With in 30 days from the receipt of Cost Audit ReportCRA-4*
  5Filing of Resolutions and agreements to the RegistrarWith in 30 days from the date of Board Meeting.  MGT-14

*Relaxation of additional fees and extension of last date in filing of forms MGT-7 (Annual Return) and AOC-4 (Financial Statement) under the Companies Act, 2013- UT of J&K and UT of Ladakh –

extension of time for filing of financial statements for the financial year ended 31.03.2019. Therefore, it has been decided to extend the due date for filing of e-forms AOC-4, AOC-4 (CFS) AOC-4 XBRL and e-form MGT-7 upto 31.01.2020, for companies having jurisdiction in the UT of J&K and UT of Ladakh without levy of additional fee.’

*Relaxation of additional fees and extension of last date of filing of CRA-4 (cost audit report for FY 2018-19 under the Companies Act, 2O13

http://www.mca.gov.in/Ministry/pdf/Circular17_30122019.pdf

Due dates of LLP Return Filing :

  • LLP Form 8 (Statement of Account & Solvency) on or before 30.10.2019
  • The charge details i.e. creation, modification or satisfaction of charge, can be filed through Appendix to e-Form 8 (Interim)
  • Form LLP -8 can be filed after due date i.e. 30.10.2019 with a penalty of Rs. 100/- per day till the filing is completed.

Investor Education and Protection Fund :

  1. MINISTRY OF CORPORATE AFFAIRS on 14.08.2019 has came up with Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Second Amendment Rules, 2019.

Applicability :

  • The provisions of these rules, Other than rule 6 (i), 6 (iv), 6 (v), 6(vi), 6(vii) and 6 (viii), shall come into force with effect from the 20th day of August, 2019.
  • The provisions of rule 6 (i), 6 (iv), 6 (v), 6(vi), 6(vii) and 6 (viii), shall come into force with effect from the 20th day of September, 2019.

Following E-forms revised after these rules :

Sl. No.Form No.Particulars of the formUpdated on
1.IEPF Form -1Statement of amounts credited to Investor Education and Protection Fund20.08.2019
2IEPF Form – 1AStatement of Amounts credited to Investor Education and Protection Fund Pursuant to Rule 5(4A)20.08.2019
3IEPF Form – 2Statement of unclaimed and unpaid amounts20.08.2019
4IEPF Form – 4Statement of shares transferred to the Investor Education and Protection Fund20.08.2019

Source : http://www.mca.gov.in/Ministry/pdf/IEPFRules_19082019.pdf

2. As part of the revised Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Second Amendment Rules, 2019 dated 14th August 2019, Form IEPF-5 is introduced as a web form instead of the existing e- Form w.e.f 20th September 2019.

Form IEPF -5: Application to the Authority for claiming unpaid amounts and shares out of Investor Education and Protection Fund (IEPF)

3. Web form IEPF-5 Pending E- verification report as on 25-Dec-2019 http://www.iepf.gov.in/IEPF/pdf/IEPF5WEBFORM_26122019.xls

4. General Circular 17(Relaxation of additional fee on filling of e-verification report)

http://www.iepf.gov.in/IEPF/pdf/circularNo17_12122019.pdf

KINDLY NOTE THAT :

Relaxation of additional fees and extension of last date of filing of form IEPF – 1A and Form IEPF -2 : Ministry has decided to relax the additional fee payable by Companies on filing of Form IEPF-1A upto 31.12.2019 and Form IEPF -2 (for the purpose of filing statement of unclaimed and unpaid amounts) upto 30.11.2019.Source: http://www.iepf.gov.in/IEPF/pdf/GeneralCircular1_25102019.pdf

The Institute of Company Secretaries of India (ICSI) Updates :

ICSI has extended the last date for generation of eCSIN from 31st December, 2019 to 15th January, 2020.https://www.icsi.edu/media/webmodules/Extension_of_ECSIN.pdf

1. ICSI (Employee Company Secretaries Identification Number (eCSIN) Guidelines), 2019

https://ecsin.icsi.edu/PDF/eCSIN-Guidlines.pdf

2. FAQ’s on eCSIN

https://ecsin.icsi.edu/PDF/UserManual_eCSIN_FAQ.pdf

This article is updated till 31st December, 2019 with all Laws / Regulations and their respective amendments.

AUTHOR : CS LALIT RAJPUT (CLICK HERE TO VIEW PROFILE)

HOW TO ACTIVATE UAN (Universal Account Number) FOR YOUR EPF ACCOUNT

To use the various online services related offered by the EPFO related to your EPF account, your UAN must be activated. There are many services that can be accessed through the online portal of Employees’ Provident Fund Organisation (EPFO). Some of these services include making nomination for your Employees’ Provident Fund account (EPF) and Employees Pension Scheme (EPS), filing EPF /EPS claim online, accessing your EPF passbook of your account and so on.

However, to access these services on the EPFO’s member sewa portal, your UAN must be activated. UAN stands for Universal Account Number. UAN helps you to keep track of the EPF accounts opened by the different organisations you have worked for.

An organisation creates a new EPF member ID to put in the EPF contributions of an employee. This member ID is the employee’s EPF account number. Different account numbers are created over a period of time by different employers.

For instance, while switching your job, your new company will open a new EPF account for you to deposit your EPF contribution. However, while opening the EPF account, you can provide your existing UAN to be able to easily merge all your previous EPF accounts opened during your working life.

How to activate UAN
Step 1: Go to member sewa portal website: https://unifiedportal-mem.epfindia.gov.in/memberinterface/
Step 2: Click on the ‘Activate UAN’ option given below the login credentials.

Step 3: A new webpage will open on your computer screen. You will be required to enter any one – UAN, Member ID, Aadhaar or PAN. Next, you will be required to enter other details – Name, date of birth, mobile number and email ID. Remember the details must be entered as per EPFO’s records.

Step 4: Enter the captcha code and click on ‘Get Authorization Pin’.
Step 5: An SMS will be sent on mobile number with an OTP (one-time password) or PIN.
Step 6: Enter the OTP and click on ‘Validate OTP and Activate UAN’.
Step 7: Once your UAN is activated, password to your account on the member sewa portal will be sent on your mobile via SMS.

Use the password to login to your account to avail the servic ..

Step 4: Enter other details – name, date of birth, mobile number and email ID (optional).
Step 5: Enter captcha code.
Step 5: Click on ‘Get Authorization Pin’.
Step 6: An OTP will be sent on your mobile number. Enter the OTP and check box ‘I Agree’.
Step 7: Click on ‘Validate OTP and get UAN’.

Your UAN and UAN status will be sent to your registered mobile number.

NEW FUNCTIONALITIES ON NATIONAL CAREER SERVICE (NCS) PORTAL

National Career Service (NCS) Portal (www.nsc.gov.in) is initiative by the Directorate General of Employment, Ministry of Labour and Employment (MoLE) Government of India.
As you are aware that NCS brings together job seekers and employers with an aim to provide the employer with suitable candidates.
From entry-level workers to mid management level executives, NCS enables employers to find the right fit for their organization through a country-wide database of over 1 Crore candidates.
The employers can register through a simple registration process and gain access to a large workforce. The employers can search suitable candidates, send interview invites, Participate in events and job fairs etc.
NCS has been constantly upgrading its services and introduced many new features on its portal, some of which have been highlighted below:

  1. NCS Mobile App now available for Android and can be downloaded from the Play store.
  2. NCS has also partnered with prestigious institutes and now has jobseekers from institutes like NITs, IIITs etc.
  3. Employers registration process has been simplified.
  4. Employer rating module created, featuring best rated  employers on NCS Home page.
  5. Process for shortlisting of candidates has been simplified with additional filters for shortlisting  candidates on the basis of college/university and location.
  6. Contact  details of the shortlisted candidates is now available to the employers.
  7. Employers can record their NCS experience in the recently introduced feedback module.
  8. Employers can send interview invite to job seekers directly from the portal and the job seekers response (Accept/Reject) or request for slot change is available to the employers
  9. Automated mails are sent to all employers for job fair organized in their district.
    You are kindly requested to get registered on the NSC Portal and start posting the vacancies.

Registration and Services on the portal are free of cost.

Kindly follow the step given below to complete the registration process


STEP 1- visit the link https://www.ncs.gov.in /pages/default.aspx
STEP 2 – Click on the “Employers” hyperlink
STEP 3- Sign up as a NEW USER
You can visit the portal on www.ncs.gov.in.
For assistance, please call on NCS Toll Free Number 1800-425-1514

We are looking forward to have your valuable suggestions/ feedback for improving the NCS services on feedback.dget@nic.in.

Regards
CAIU Team ,EPFO