E-Form PAS-6 is required to be filed pursuant to Section 42 of the Companies Act, 2013 and rule 14(3) of Companies (Prospectus and Allotment of Securities) Rules, 2014
“Rule 14(3) provides that a copy of such record along with the private placement offer letter in Form PAS-4 shall be filed with the Registrar”
However, instruction kit to the eForm modified the wordings and are reproduced as below:
” The company shall maintain a complete record of private placement offers in Form PAS-5 : Provided a copy of such record along with the private placement offer letter in Form PAS-6 shall be filed with the Registrar (ROC)”
So Rule neither provides for the filing of eForm PAS-6 nor draft of eForm. However, as per latest requirement and considering the help of eForm as final one, Companies are required to file eForm PAS-6 with ROC such offer letter within a period of 30 days from the date of its circulation.
The eForm will be processed by the office of RoC (Non STP). Filing fees of form varies from Rs. 200 to Rs. 600 depending on the capital of the Company and additional fees for late filing varies from 2 times to 12 times of normal fees.
| PAS – 6 | |
| Purpose | Filing of letter of offer with ROC |
| Attachments | PAS – 4; Format for Letter of Offer |
| PAS – 5; Record of Private Placement Offer | |
| Valuation Report | |
| Disclosures | Details of Remuneration paid to Directors, Related Party Transactions, Summary of Qualifications made by Auditor of the Company, Details of material frauds committed against the Company and Details of Inquiry and Investigations made against the Company or its subsidiaries for its last three financial years. |
| Timeline | Within 30 days of circulation of letter of offer |
CArocked 