In order to provide a major boost to expedite e-filing the Ministry of Corporate Affairs has announced that ‘Chartered Accountants, Cost Accountants and Company Secretaries can now directly upload certified annual documents of firms on MCA”s portal, without prior approval of the ministry, while holding them responsible for such submissions.’
The Ministry further added that regular checks against such submissions would be conducted to keep a tab on fraudulent filing and in case of wrong submissions, the professionals’ concerned could face debarment of 30 days or till the final inquiry report is received from the respective professional Institute by the ministry.
No 17/102/2011 CL-V Circular 14/2011
Government of India
Ministry of Corporate Affairs
5th floor, ‘A’ Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi Dated: 08.04.2011
All the Regional Directors,
All the Registrar of Companies/ Official Liquidators
Subject:- Certification of e-forms under the Companies Act,1956 by the Practicing professionals
Ministry of Corporate Affairs has been steadily progressing towards total electronic filing and approval regime. Objective is to do away with human intervention in MCA approvals to the maximum extent possible.
1. For this purpose, Ministry of Corporate Affairs has entrusted practicing professionals registered as Members of the professional bodies namely, ICAI, ICSI & ICWAI with the responsibility of ensuring integrity of documents filed by them with MCA in electronic mode. Professionals are now to be responsible for submitting /certifying documents (to be signed digitally by them) and system would accept most of these documents online without approval by Registrar of Companies or other officers of the Ministry.
2. However, to ensure that the data integrity is maintained at all times, there will be checking of such submissions to guard against fraudulent filing. In addition to the penal actions against the companies and their officers in default for furnishing incorrect or false information in the documents as provided under the Companies Act, 1956, action would also be taken on receipt of any complaint, anonymous or otherwise, against such professionals in the following manner:¬
a) Alleged wrong submissions: In such cases, quick enquiry will be conducted by the concerned RD who will be assessing prima facie, cases of wrong doing by the professionals. Concerned professionals will be given time for furnishing explanation before conveying to a cancellation.
b) This report will be submitted to e-Governance Cell of MCA. The Cell will inform in the concerned Professional Institute to initiate an enquiry and complete the same within a month’s time.
c) Simultaneously, the concerned professional shall be debarred and shall not be allowed to enter to submit any document on MCA Portal. This debarment will be for a period of 30 days or till the final enquiry report is received from the respective Professional Institute.
d) MCA will take a final decision after considering the report so received.
(Sanjay Shorey) Dy. Director Copy to: The Secretary, ICAI, ICSI, ICWAI :- With a request to publish it in their respective journals and give wider publicity to their practicing members