MCA Issued General Circular Regarding Filing Of Forms GNL-2, MGT-14, PAS-3, SH-8, SH-9 AND SH-11

Posted On - 28 March, 2023 • By - Sreedevi Pillai

The Ministry of Corporate Affairs (MCA) has issued a General Circular No. 05/2023 dated February 22, 2023,[1] which pertains to the filing of various forms. The circular provides information to companies intending to file six different forms, including Form GNL – 2 (filing of prospectus related documents and private placement), MGT-14 (filing of resolutions relating to prospectus related documents and private placement), PAS-3 (Allotment of Shares), SH-8 (letter of offer for buyback of own shares or other securities), SH-9 (Declaration of Solvency) and SH-11 return in respect of buy-back of securities). 

The circular states that companies intending to file these forms from February 22, 2023 to March 31, 2023, may file the form in physical mode, along with a copy of the form in electronic media, duly signed by the persons concerned as per the requirements of the relevant forms. This filing can be made with the concerned Registrar without payment of any fee. On submission of the form in physical mode, the company should take an acknowledgment thereof as per the Annexure to General Circular No. 05/2023. 

Additionally, the circular requires that the filing must be accompanied by an undertaking from the company that they will also file the relevant form in electronic form on the MCA-21 Portal along with the fee payable as per the Companies (Registration Offices and Fees) Rules, 2014. It is important to note that no additional fees will be levied, as already clarified by general circular number 04/2023 dated 21.02.2023.