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.
2. 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.
3. 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.
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