Ministry of corporate came out with minor but significant decision in the Companies (Registration Offices and Fees) Rules, 2014 by way of the Companies (Registration Offices and Fees) 2nd Amendment Rules, 2016.
Pre – certification of AOC – 4
This is an interesting amendment. Presently, in sub – clause (iv) for clause (b) of sub – rule (12) of rule 8 of the Companies (Registration Offices and Fees) Rules, 2014 introduced by the Companies (Registration Offices and Fees) Amendment Rules, 2014 with effect from 28th April 2014 read as under –
“AOC-4- certification by a Chartered Accountant in whole-time practice.”
This restrict pre-certification of this form to be done by a chartered accountants which was opposed by sister professions. Though, this was well considered decision by the ministry to maintain respective domain expertise. Chartered Accountants was not willing to leave their encroachment from practicing area of other professionals. Therefore, all quarters made representations.
In Form AOC – 4 as initially introduced on 1st April 2016, there was no pre – certification causing hardship for Registrar of Companies as added responsibilities.
Thereafter Form AOC – 4 was substituted with new form by the Companies (Accounts) 2nd Amendment Rules, 2015 with effect from 4th September 2015. This form legally added pre – certification by any member of three sister professions.
However, there was no corresponding amendment in sub – clause (iv) for clause (b) of sub – rule (12) of rule 8 of the Companies (Registration Offices and Fees) Rules, 2014.
Now, present amendment removes this inconsistency. The Companies (Registration Offices and Fees) 2nd Amendment Rules, 2016 with effect from 7th November 2016 substitutes in sub – clause (iv) for clause (b) of sub – rule (12) of rule 8 of the Companies (Registration Offices and Fees) Rules, 2014 as under –
“AOC-4 certification by the Chartered Accountant or the Company Secretary or as the case may be by the Cost Accountant, in whole- time practice.”
Within few minutes of this notification, I received a query about legal status of form signed by a company secretary in practice before present amendment. Form AOC – 4 in present format was there in with force of law as annexure to the Companies (Accounts) Rules, 2014 with effect from 4th September 2015, absence of present amendment earlier does not affect legal validity of form filed earlier.
Fee for DIN Forms
We all practically know that presently, Form DIR – 3 for application for allotment of director identification number is Rs. 500.
However, the Companies (Registration offices and Fee) Rules, 2014 in its Annexure item II(vi) has two columns – one for companies other than OPCs and Small Companies and other for rest. In first column fee is Rs. 500 and for other NIL.
There could not be any logical way to judge whether applicant will be director in small company or other company. There is also no restriction that a person could not become director in a company other communicated at the time of application for allotment of DIN. Therefore, it is required to bring fee for this form same in both column. This amendment corrects this position and in all case fee for DIR – 3 shall be Rs. 500.
Presently there is no fee for surrender of DIN. Present amendment fix fee to Rs. 1000/-.