General Circular
No. 10/2014, File No. MCA21/28/2014- E-Gov, dated 07th May, 2014
Certification of E-Forms/Non- E-Forms under Companies Act, 2013
by the Practicing Professionals – regarding.
The Ministry has allowed registered
Members of the professionals bodies (the ICAI, ICSI and the ICOAI) to
authenticate correctness and integrity of documents being filed by them with
the MCA in electronic mode. Details of documents required to be certified have
been given in the notification dated 28/04/2014 available on the MCA portal.
2. In this regard attention is invited
towards the requirement of authentication of documents prescribed under the Companies
(Registration Offices and Fees) Rules, 2014 which elaborate on the
responsibility. Further, Rule 10 of ibid the Registrar is to examine e-forms or
non e-forms attached and filed with general forms on MCA portal viz. to verify
whether all the requirements have been complied with and all the attachment to
the forms have been duly scanned and attached in accordance with the
requirement of above said rules.
3. Where any instance of filing of
documents, application or return or petition etc. containing false or
misleading information or omission of material fact or incomplete information
is observed, the Regional Director or the Registrar as the case may be, shall
conduct a quick inquiry against the professionals who certified the form and
signatory thereof including an officer in default who appears prima facie
responsible for submitting false or misleading or incorrect information
pursuant to requirement of above said Rules; 15 days notice may be given for
the purpose.
4. The Regional Director or the Registrar
will submit his/her report in respect of the inquiry initiated, irrespective of
the outcome, to the E-Governance cell of the Ministry within 15 days of the
expiry of period given for submission of an explanation with recommendation in
initiating action u/s 447 and 448 of the Companies Act, 2013 wherever
applicable and also regarding referral of the matter to the concerned
professional Institute for initiating disciplinary proceedings.
5. The E-Gov cell of the Ministry
shall process each case so referred and issue necessary instructions to the
Regional Director/ Registrar of Companies for initiating action u/s 448 and 449
of the Act wherever prima facie cases have been made out. The E-Gov cell will
thereafter refer such cases to the concerned Institute for conducting
disciplinary proceedings against the errant member as well as debar the
concerned professional from filing any document on the MCA portal in future.
6. The Registrar shall forward a
fortnightly report to the concerned Regional Director as well as to the E-Gov
Division. Thereafter, the Regional Director shall forward a consolidated report
to the Joint Secretary E-Governance Division on or before 7th of every month as
per the prescribed proforma (copy enclosed).
7. This issues with the approval of
the Secretary.
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