ROC will take Penal action for wrong Certification of e-forms

ROC will take Penal action for wrong Certification of e-forms under the Companies
Act, 1956 by the Practicing CA, CS, ICWAI

ROC will take Penal action for wrong Certification of e-forms under the Companies Act, 1956 by the
Practicing CA, CS, ICWAI

No 17/102/2011 CL-V Circular 14/2011, Dated: 08.04.2011

Subject:- Certification of e-forms under the Companies Act, 1956 by the Practicing professionals

1. 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.


Yours faithfully,

(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

Regards,
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CA.C.V.PAWAR