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Companies, who delays payment to micro and small enterprise by more than 45 delays from the date acceptance of goods or services shall submit a half yearly return to MCA

MINISTRY OF CORPORATE AFFAIRS

Notification

New Delhi, the 22nd January, 2019

S.O. 368(E).—Whereas, the Central Government vide notification number S.O. 5622(E), dated the 2nd November, 2018 has directed that all companies, who get supplies of goods or services from micro and small enterprises and whose payments to micro and small enterprise suppliers exceed forty five days from the date of acceptance or the date of deemed acceptance of the goods or services as per the provisions of section 9 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006) (hereafter referred to as “Specified Companies”), shall submit a half yearly return to the Ministry of Corporate Affairs stating the following:
(a) the amount of payment due; and
(b) the reasons of the delay;

And whereas, in exercise of power under section 405 of the Companies Act, 2013, (18 of 2013) the Central Government, considers it necessary to require "Specified Companies" to furnish above information under said section of the Act. Now, therefore, in exercise of the powers conferred by section 405 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following Order, namely:

1.
Short title and commencement.- (1) This Order may be called the Specified Companies (Furnishing of information about payment to micro and small enterprise suppliers)  Order, 2019.  
(2) It shall come into force from the date of its publication in the Official Gazette.
2.
Every specified company shall file in MSME Form I details of all outstanding dues to Micro or small enterprises suppliers existing on the date of notification of this order within thirty days from the date of publication of this notification.
3.
Every specified company shall file a return as per MSME Form I annexed to this Order, by 31st October for the period from April to September and by 30th April for the period from October to March.

MSME FORMI
(see Order 2 and 3)

FORM NO.
[Pursuant to Order dated 22 January, 2019 issued under Section 405 of the Companies Act, 2013]
Form for furnishing half yearly return with the registrar in respect of outstanding payments to Micro or Small Enterprises.

Note - All fields marked in * are to be mandatorily filed.
Form language

o English o Hindi
o Initial return o regular half yearly return

 

1.
(a) * Corporate Identity Number (CIN) of company

.................................
  (b) Global location number (GLN) of company
.................................
  (c) * Permanent Account Number (PAN) of company
.................................
2.
(a) Name of the Company

.................................
  (b) Address of the registered Office of the company
.................................
  (c) *email id of the company
.................................
3.

Initial return of outstanding dues to Micro or Small Enterprises Suppliers.
(a)* Total outstanding amount due as on date of notification of this order

(b).* Particulars of the name of suppliers and amount of payments due

.................................
Financial Years/Particulars
Name of Suppliers
PAN of Suppliers
Amount Due
Specify the date from which amount is due
         
         
         

4. REGULAR RETURN OF OUTSTANDING DUES TO MICRO AND SMALL ENTERPIRSES
1. total outstanding amount during April to September Particulars of the name of suppliers and amount of payments due

Financial Years/Particulars
Name of Suppliers
PAN of Suppliers
Amount Due
Specify the date from which amount is due
         
         
         
         

II. total outstanding amount during October to March
Particulars of the name of suppliers and amount of payments due

Financial Years/Particulars
Name of Suppliers
PAN of Suppliers
Amount Due
Specify the date from which amount is due
         
         

5. * Reasons for Delay in amount of payments due

 

6. Attachments (if any)

 


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Declaration

It is hereby declared that the information given in the form and attachments are true and correct with
the best of my knowledge.

* To be digitally signed by  
* Designation  
* DIN of the director; or PAN of the manager of CEO or CEO; or membership number of the company secretary  

Note: Attention is drawn to provision of sub section 4 of section 405 of Companies Act, which provide for punishment for any information statists which is incorrect or incomplete in any material respect.

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