Law Ministry Takes Stern View Of Defective Filings By Professionals

The Ministry of Corporate Affairs has addressed a letter dated 19.12.2013 to all the professional bodies stating that the Ministry has taken serious view of the pendency of eforms in various offices of the MCA in South East Region caused due to defective filings by the certifying professionals (CA / CS / CMA).

The Ministry has pointed out 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. It is also stated that certifying professionals are not attaching the search report(s) to the application form for name availability before certifying the name availability in eform 1A.

It is emphasized that all these defects amount to non-compliance and defective/wrong filings (which are wrongly certified by the professionals) is causing high levels of pendency.

The Ministry has asked professionals to ensure that the filing of all forms is defect free and in accordance with the provisions of the Companies Act, 1956 and Rules/Regulations/guidelines/Circulars, as applicable.

A warning has been given that defaulting professionals can be debarred from submitting any document on MCA21 and necessary action can be taken against them under the Companies Act, 1956 for making wrong filings/ submissions in MCA21 portal.