Section and Rule Number
Section 89(6):
Where any declaration under this section is made to a company, the company shall make a note of such declaration in the register concerned and shall file, within thirty days from the date of receipt of declaration by it, a return in the prescribed form with the Registrar in respect of such declaration with such fees or additional fees as may be prescribed, within the time specified under section 403.
Purpose
A company makes a declaration to the Registrar regarding persons whose name is in the register of members as a shareholder, but they do not hold any beneficial interest in such shares. This form of return is filed within 30 days of receipt of the declaration by the company by filing Form MGT-6.
Key Information:
The E-Form will be auto-approved under straight-through processing (STP) mode.
In the case of an IFSC company, the additional fee shall be applicable only after the expiry of 60 days from the date of receipt of the declaration.
However, in case of form filing after 60 days, the logic for delay days’ calculation for computing the additional fee shall remain the same as in case of other than IFSC company i.e. due date shall be considered as (Event Date + 30) even for an IFSC company.
Documents Required:
MGT-4 and MGT-5 are required to be given as attachments.
Timeline
Within 30 days from the date of receipt of MGT-4 or MGT-5 Whichever is later.
Fees
Nominal Share Capital |
Fee applicable |
Less than 1,00,000 |
Rupees 200 |
1,00,000 to 4,99,999 |
Rupees 300 |
5,00,000 to 24,99,999 |
Rupees 400 |
25,00,000 to 99,99,999 |
Rupees 500 |
1,00,00,000 or more |
Rupees 600 |
Additional Fees
Period of delays |
All forms |
Up to 30 days |
2 times of normal fees |
More than 30 days and up to 60 days |
4 times of normal fees |
More than 60 days and up to 90 days |
6 times of normal fees |
More than 90 days and up to 180 days |
10 times of normal fees |
More than 180 days |
12 times of normal fees |
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