Mca e filling

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Mca e filling

  1. 1. MCA-21 – e-filingMCA-21 – e-filing Common errors observedCommon errors observed
  2. 2. PROCESS OF FILINGPROCESS OF FILING Online filing and no physical interface.Online filing and no physical interface. Correction of Defects near impossible onceCorrection of Defects near impossible once documents registereddocuments registered Comprehensive procedure laid down inComprehensive procedure laid down in Regulation 17Regulation 17
  3. 3. FORM 1AFORM 1A Similar or identical namesSimilar or identical names Resemblance with registered trade marksResemblance with registered trade marks Incorrect capital for NBFCIncorrect capital for NBFC Objects improperly/incorrectly statedObjects improperly/incorrectly stated Board Resolution/Other documents not attached,Board Resolution/Other documents not attached, wherever required.wherever required. Name not as per Guidelines in MCA CircularName not as per Guidelines in MCA Circular 45/201145/2011
  4. 4. FORM 1FORM 1 Mismatch between e-forms and attached documents.Mismatch between e-forms and attached documents. Improper radio buttons selected in e-form 1.Improper radio buttons selected in e-form 1. Wrong Economic Activity CodeWrong Economic Activity Code Mismatch between particulars between Form 1 andMismatch between particulars between Form 1 and Form 1AForm 1A Foreign Documents not properly apostled and objectsForeign Documents not properly apostled and objects not in line with FEMAnot in line with FEMA..
  5. 5. FORM 1BFORM 1B Change of name not as per MCA GuidelinesChange of name not as per MCA Guidelines Change of name not as per SEBI Guidelines in the case ofChange of name not as per SEBI Guidelines in the case of Listed CompaniesListed Companies Filing position not updated and complied for change of name.Filing position not updated and complied for change of name. NOC not given in case of NBFC CompaniesNOC not given in case of NBFC Companies Incorrect /Incomplete AttachmentsIncorrect /Incomplete Attachments Conversion from Public to PrivateConversion from Public to Private No proper attachment given for listed companies andNo proper attachment given for listed companies and guidelines not fully complied including compliance of Sectionguidelines not fully complied including compliance of Section applicable to public companiesapplicable to public companies..
  6. 6. FORM 23FORM 23 Notice Period inappropriateNotice Period inappropriate Consent for shorter notice not attachedConsent for shorter notice not attached Form 23 becoming invalid due to belated submissions.Form 23 becoming invalid due to belated submissions. Incorrect economic activity code given in the case ofIncorrect economic activity code given in the case of change of objectschange of objects In case of alteration of objects, the resolution notIn case of alteration of objects, the resolution not falling within any of the Clauses a,b,c,d,e,f underfalling within any of the Clauses a,b,c,d,e,f under Sub-Section (1) of 17Sub-Section (1) of 17..
  7. 7. FORM 62FORM 62 Conversion from Private to PublicConversion from Private to Public Basic requirements like enhancing number ofBasic requirements like enhancing number of members, directors, paid up capital, etcmembers, directors, paid up capital, etc inappropriately addressed.inappropriately addressed. Improper, incomplete attachment not properly linkedImproper, incomplete attachment not properly linked
  8. 8. FORM 61- EXTENSION OF TIMEFORM 61- EXTENSION OF TIME Even defaulting companies are making applications for extension ofEven defaulting companies are making applications for extension of time.time. Repeated applications seeking Extension of Time for several yearsRepeated applications seeking Extension of Time for several years Grounds such as accounts not ready, data not complete,computer systemGrounds such as accounts not ready, data not complete,computer system crashed etc given in application are not tenable.crashed etc given in application are not tenable. Applications made on account of Amalgamation not justificable inApplications made on account of Amalgamation not justificable in view of pendency of petition before High Court.view of pendency of petition before High Court. Extension of time applications becomes infructuousExtension of time applications becomes infructuous Extension of financial yearExtension of financial year Board Power not exercisedBoard Power not exercised Appropriate financial year end period not given in applications.Appropriate financial year end period not given in applications.
  9. 9. FORM 21FORM 21 E-form is designed to accept only if orders areE-form is designed to accept only if orders are filed within 30 days though Companies Act hasfiled within 30 days though Companies Act has no stipulation.no stipulation. Condonation of delay required for High Court/Condonation of delay required for High Court/ Company Law Board / RDCompany Law Board / RD Improper attachmentsImproper attachments
  10. 10. Points to be coveredPoints to be covered Each column in e-form to be filled carefully without errorEach column in e-form to be filled carefully without error Instruction kit given in the website should be carefully readInstruction kit given in the website should be carefully read and understoodand understood The concerned applicable provisions of the Companies Act,1The concerned applicable provisions of the Companies Act,1 956 should be thoroughly read and understood before956 should be thoroughly read and understood before uploading e-formsuploading e-forms MCA-21 system should be carefully understood andMCA-21 system should be carefully understood and uploading should be done in compliance with the system.uploading should be done in compliance with the system.
  11. 11. ************************** THANK YOUTHANK YOU ************************

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