Wednesday, December 25, 2013

Defective filing

GOVERNMENT OF INDIA, MINISTRY CORPORATE AFFAIRS, Office of theREGIONAL DIRECTOR (SOUTH EASTERN REGION), 2nd Floor, Kendriya Sadan,, Sultan Bazar, Hyderabad – 500 195.
LETTER D.O. NO.IC/CIR.14/PLS/MCA21/2013DATED 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.
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 theapplication form for name availability before certifying the name availability in eform 1A causing non-compliance of guideline no.3 of Name AvailabilityGuidelines vide General Circular No. 45/2011 dated 8.7.2011. Like wise, there are many such defective/wrong filings which were certified by the professionalscausing 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.
Yours Sincerely
(Henery Richard)

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