Filings: SECP unveils 40 different forms and returns for companies

The Securities and Exchange Commission of Pakistan (SECP) has issued 40 different forms and returns to be filed by corporate sector covering submission of requisite documents, annual returns, altered memorandum and articles of association and returns of transfer of shares. The SECP has issued SRO 758 (I)/2018 to issue draft Companies (General Provisions and Forms) Regulations, 2018.
Under the new filing procedure, the SECP said that any form, return, application, document or report required to be filed or lodged by a company under any provision of the Companies Act (Act) or these regulations shall be filed or lodged online either through E-service or in physical form in the following manner to the Commission or the registrar, as the case may be, through authorized intermediary or authorized officer; accompanied by original paid bank challan or other evidence in respect of payment of fee as per Seventh Schedule (not applicable in case of online filing through e-service) and signed and verified by the authorized intermediary or authorized officer.
In case of appeal or application, it shall, in addition to complying with any other requirement of the Act or the rules or regulations, be duly signed and verified by an affidavit by the applicant indicating complete name and address and, in the case of a company, signed and verified by an authorized officer of the company; neatly and legibly typed or printed, setting out precisely the facts, grounds and claims or relief applied for in serially numbered paragraphs and specifying the relevant provisions of the Act under which action or relief is applied for; and accompanied by documents referred to in the application or relied upon and, in the case of an appeal against any order or decision, by a copy of such order or decision.
The Commission or the registrar, as the case may be, may require such documentary proof with respect to the status, designation or entitlement of the person or individual making or authenticating application as it or he may deem necessary.
Under the Companies (General Provisions and Forms) Regulations, 2018, pursuant to the provision of section 506 of the Act, formats of following forms and returns are specified which shall be used in all matters to which those forms and returns refer:
Form A: Annual return of company having share capital, Section 130(1).
Form B: Annual return of company not having share capital, Section 130(2).
Form C: Annual return of companies where there is no change of particulars since last annual return filed with the registrar, Section 139(5).
Form D: Annual return of inactive company, Sections 130(1)& 424(5) and Regulation 37.
Form 1: with Appendix, Receipt of subscription money Section 17(3).
Form 2: Filing of altered Memorandum and articles of association after approval of the Commission for conversion of status of company, Sections 46, 47, 48 & 49 and Regulations 4 & 11.
Form 2A: Filing of altered memorandum and articles of association after approval of the commission for conversion of status of a Company, Sections 46, 47, 48 & 49 and Regulations 4 & 11.
Form 3: with Appendix, Return of allotments of shares, Section 70 and Regulation 12.
Form 3A: Return of transfer of shares, Section 74 and Regulation 14.
Form 3B: Circular to be sent to members along with letter of offer for issue of further shares (applicable on companies other than listed companies), Regulation 15.
Form 4: Intimation about Principal line of business or change therein, Sections 26, 27, 28, 29 & 32.
Form 5: Petition for alteration of memorandum, Section 32(1)(a) or (c) and Regulation 10.
Form 6: Notice of consolidation, division or sub-division or cancellation of shares, Section 85(1)(b), (c), (d).
Form 7: Notice of increase in share capital, Section 85(1)(a).
Form 8: Application for change of name, Sections 11 & 12.
Form 9: Notice of the court's order disallowing/confirming the variations of the rights of holders of/special class of shares, Section 59(4).
Form 10: Registration of mortgages, charges or pledge etc., Sections 100, 105 & 438 and Regulation 19.
Form 11: Particulars of mortgage or charge subject to which property has been acquired, Section 100(4).
Form 12: Register of Mortgages/charges, pledge etc, to be maintained by a company, Section 112.
Form 13: Particulars of an issue of redeemable capital/debentures in a series when more than one issue in the series is made, Sections 101 & 448 and Regulation 19.
Form 14: Particulars of an issue of redeemable capital/debentures in a series when more than one issue in the series is made, Sections 101 & 448 and Regulation 19.
Form 15: Notice of appointment or change of nominee or change in his particulars (for single member company only), Regulation 27.
Form 16: Modification in the particulars of mortgage or charge, Form 16 Modification in the particulars of mortgage or charge.
Form 17: Memorandum of complete satisfaction of mortgage, charge, etc, Sections 109 & 448.
Form 18: Notice of appointment of receiver or manager, Sections 113 & 449.
Form 19: Notice of cessation of receiver or manager, Sections 114 & 449.
Form 20: Receiver or manager's abstract of receipts and payments, Sections 114(1) & 449.
Form 21: Address of registered office address or any change therein, Section 21.
Form 22: Declaration regarding compliance with the conditions specified in section 19 of the Act, Section 19(1) (d).
Form 23: Declaration before commencing business in case of a company filing statement in lieu of prospectus, Section 19(1) (e).
Form 24: Notice of rectification of register of members/directors, Sections 128 & 197(9).
Form 25: Statutory Report, Section 131(6) 33.
Form 26: Special Resolution, Section 150.
Form 27: Change of more than twenty five percent in shareholding or membership or voting rights, Section 465(4) and Regulation 18.
Form 28: Consent to act as director/chief executive, Section 167.
Form 29: Particulars of directors and officers, including the chief executive, secretary, chief financial officer, auditors and legal adviser or of any change therein, Section 197 and Regulation 21.
Form 30: Notification of Particulars of Beneficial Ownership to the Company, Section 452(1) and Regulation 38.
Form 31: Return containing particulars of substantial shareholders/ officers for Companies' global register of beneficial ownership, Section 452(2) & (4) and Regulation 38.
Form 32: Return Containing Particulars of Companies for Companies' Global Register of Beneficial Ownership, Section 452(3) and Regulation 38.
Form 33: Notice of address where books of accounts are maintained, Section 220 & 449.
Form 34: Pattern of Shareholding, Section 227(2) (f).
Form 35: Filing of copy of scheme of amalgamation, Section 284(5) and Regulation 34.
Form 36: Notice of Dissenting Shareholders, Section 285(1) and Regulation 33.
Form 37: with appendix, Information to be furnished in relation to any offer of a scheme or contract involving the transfer of shares or any class of shares in the transferor company to the transferee company, Section 285(5) and Regulation 33.
Form 38: Application for obtaining status of inactive company, Section 424(1) and Regulation 37.
Form 39: Application for conversion of status from inactive to active company, Section 424(5) and Regulation 37.
Form 40: Declaration to be submitted to the court by provisional manager/official liquidator, Section 315(5).