Ministry
of Corporate Affairs (MCA) vide its LETTER D.O.
NO.IC/CIR.14/PLS/MCA21/2013, DATED 19-12-2013 has advised all certifying
Professionals on defect free filing of all forms in MCA 21 Portal as
per provisions of Companies Act, 1956. Letter is being reproduced here
under for reference:
LETTER D.O. NO.IC/CIR.14/PLS/MCA21/2013, DATED 19-12-2013
Ministry
of Corporate Affairs (MCA) has taken serious view of the pendency of
eforms in various offices of the MCA in South East Region and issued
instructions to this Directorate to take steps to impress upon the
certifying professionals (CA/CS/CMA) to completely avoid defective
filings so as to facilitate early disposal
of eforms.
of eforms.
I
am writing to you to impress upon all your members the need and
importance of ensuring defect free filing of all eforms in MCA21 portal
in accordance with the provisions of Companies Act, 1956 and
Rules/Regulations/guidelines/Circulars, as applicable. Further, Help Kit
prepared and made available in MCA21 portal along with blank eforms
need to be followed and complied with before efiling so as to avoid
defective filing/certification causing increased levels of pendency of
eforms in various offices of MCA in South East Region.
It
is noted by this Directorate that complete attachments are not being
made or several attachments to eforms are found to be not legible and
some times contain cut & paste signatures instead of clear scanned
image of original documents. Further, certifying professionals are not
attaching the search report(s) to the application form for name
availability before certifying the name availability in eform 1A causing
non-compliance of guideline no.3 of Name Availability Guidelines vide
General Circular No. 45/2011 dated 8.7.2011. Like wise, there are many
such defective/wrong filings which were certified by the professionals
causing high levels of pendency in MCA21 portal.
In
this regard, your kind attention is also invited to the Ministry's
Circular No. 14/2011 dated 8 April 2011 (can be downloaded from
Ministry's website at http://www.mca.gov.in/Ministry/pdf/Circular
14-2011 12apr2011.pdf) and it is also learnt that Ministry, after
enquiry, has debarred certain professionals and not allowed them to
submit any document on MCA21 Portal, in addition to taking necessary
action under the provisions of Companies Act, 1956, for making wrong
filings/submissions in MCA21 portal.
This
communication may be brought to the notice of all your members
impressing upon them the seriousness of the issue and ensure strict
compliance.
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