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ABCAUS Excel for Chartered Accountants

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Ministry of Corporate Affairs vide Notification [ F.No. 01/16/2013/(Part-I) CL-V] dated 24-02-2015 has amended the Companies (Registration Offices and Fees) Rules, 2014 by inserting sub-rule (7) to rule 10 by introducing a new e-form namely GLN-4 for filing addendum for rectification of defects or incompleteness.

As per the said notification, rule 10(6), the following new sub-rule (7) shall be inserted,

"7.  Any further information or documents called for, in respect of application or e-form or document, filed  electronically with the Ministry of Corporate Affairs shall be furnished in form No. GNL4 as an addendum"

Also a new e-form GNL-4 has also been introduced E-form GNL-4 contains the following clauses:

1. Service Request Number (SRN) of the relevant form

2. Date of SRN and Form Numbers

3. Corporate Identity No. (CIN) or Foreign Company Registration No. (FCRN)

4. (a) Name of the Company,

     (b) Address of the registered Office/Principal Place of Business,

     (c) name of Person Filing this e-form (Non company or company yet to be formed),

     (d) email Id

5. (a) Details of defects pointed out or further information called by RoC/Other competent authority

     (b) Details of rectification of the defects or further information furnished

(6) SRN of additional/differential stamp duty

(7) Type of document

Please note that presently Form-67 is used for addendum purposes which was notified vide MCA Notification dated 24-12-2008 wef 15-02-2009 which amended the Companies (Central Government's) General Rules and Forms, 1956 by inserting rule 20A(3).

Download GNL-4 Form and Notification Click Here >>

Rule 10 Procedure on receipt of any application or form or document electronically.

(1) The Registrar shall examine or cause to be examined every application or e-Form or document required or authorised to be filed or delivered under the Act and rules made thereunder for approval, registration, taking on record or rectification by the Registrar, as the case may be:

Provided that save as otherwise provided in the Act, the Registrar shall take a decision on the application, e-form or documents within thirty days from the date of its filing excluding the cases in which an approval of the Central Government or the Regional Director or any other competent authority is required:

Provided further that the e-Forms or documents identified as informative in nature and filed under Straight Through Process may be examined by the Registrar at any time on suo-motu or on receipt of any information or complaint from any source at any time after its filing:

Provided also that nothing contained in the first proviso shall affect the powers of the Registrar to call information or explanation in pursuance of section 206.

(2) Where the Registrar, on examining any application or e-Form or document referred to in sub-rule (1), finds it necessary to call for further information or finds such application or e-form or document to be defective or incomplete in any respect, he shall give intimation of such information called for or defects or incompleteness, by e-mail on the last intimated e-mail address of the person or the company, which has filed such application or e-form or document, directing him or it to furnish such information or to rectify such defects or incompleteness or to re-submit such application or e-Form or document within the period allowed under sub-rule (3)

Provided that in case the e-mail address of the person or the company in question is not available, the intimation shall be given by the Registrar by post at the last intimated registered office address of the company or the last intimated address of the person, as the case may be and the Registrar shall preserve the facts of the intimation in the electronic record.

(3) Except as otherwise provided in the Act, the Registrar shall allow fifteen days’ time to the person or company which has filed the application or e-Form or document under sub-rule (1) for furnishing further information or for rectification of the defects or incompleteness or for re-submission of such application or e-form or document.

(4) In case where such further information called for has not been provided or has been furnished partially or defects or incompleteness has not been rectified or has been rectified partially or has not been rectified as required within the period allowed under sub-rule (3), the Registrar shall either reject or treat the application or e-form or document, as the case may be, as invalid in the electronic record, and shall inform the person or company, as the case may be, in the manner as specified in sub-rule

(5) Where any document has been recorded as invalid by the Registrar, the document may be rectified by the person or company only by fresh filing along with payment of fee and additional fee, as applicable at the time of fresh filing, without prejudice to any other liability under the Act.

(6) In case the Registrar finds any e-form or document filed under Straight Through Process as defective or incomplete in any respect, at any time suo-motu or on receipt of information or compliant from any source at any time, he shall treat the e-form or document as defective in the electronic registry and shall also issue a notice pointing out the defects or incompleteness in the e-Form or document at the last intimated e-mail address of the person or the company which has filed the document, calling upon the person or company to file the e-Form or document afresh along with fee and additional fee, as applicable at the time of actual re-filing, after rectifying the defects or incompleteness within a period of thirty days from the date of the notice:

Provided that in case the e-mail address of the person or the company in question is not available, the intimation shall be given by the Registrar by post at the last intimated registered office address of the company or the last intimated address of the person, as the case may be and the Registrar shall preserve the facts of the intimation in the electronic record.

MCA New Addendum e-form GNL-4 Notified in place of Existing Form-67 for Rectification of Defects or Incompleteness |25-02-2015|

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