MCA has notified the amended Companies (Prospectus and Allotment of Securities) Rules effective from 30 Sept. 2019. Rule 9A(8) has been substituted requiring unlisted public companies to submit new Form PAS 6 (Half Yearly Audit Report on Reconciliation of Share Capital) signed by a PCS/ CA, i.e. all information shall be furnished within 60 days from end of each half year (30th September/ 31st March) for each ISIN separately.
It may be noted that substituted Rule 9A(8) so far provided that the audit report provided under regulation 55A of the Securities and Exchange Board of India (Depositories and Participants) Regulations, 1996 shall be submitted by the unlisted public company on a half-yearly basis to the Registrar under whose jurisdiction the registered office of the company is situated.
G.S.R. (E). In exercise of the powers conferred by section 26; sub-section (1) of section 27, section 28, section 29, sub-section (2) of section 31, sub sections (3) and (4) of section 39, sub-section (6) of section 40 and section 42 read with section 469 cf the Companies Act 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Prospectus and Allotment of Securities) Rules, 2014, namely:-
1. short title and commencement– (1) These rules may be called the Companies (Prospectus and Allotment of Securities) Third Amendment Rules, 2019. (2) They shall come into force with effect from 30th September,2019.
2. In the Companies (Prospectus and Allotment of Securities) Rules, 2014, 2014 (hereinafter referred to as the principal rules), in rule 9A,-
(i) in sub-rule (7), for the word and figures “Regulations, 1996” the word and figures “Regulations, 2018” shall be substituted;
(ii) for sub-rule (8), the following sub-rules shall be substituted, namely:-
“(8) Every unlisted public company governed by this rule shall submit Form PAS 6 to the Registrar with such fee as provided in Companies (Registration Offices and Fees) Rules, 2014 within sixty days from the conclusion.of each half year duly certified by a company secretary in practice or chartered accountant in practice.
(8A) The company shall immediately bring to the notice of the depositories any difference observed in its issued capital and the capital held in dematerialised form.”.
3. In the principal rules, in the ANNEXURE, after Form PAS 5, the following Form shall be inserted, namely:-
Form PAS 6
Reconciliation of Share Capital Audit Report (Half-yearly)
[Pursuant to sub-rule (8) of rule 9A of the Companies (Prospectus and Allotment of Securities) Rules, 2014]
All information shall be furnished for the half year ended 30th September and 31st March in every financial year for each ISIN separately) […contd… please refer above attachment]