Sunday, May 11, 2014

ROC CIRCULAR

General Clrcular- lO I 2Ol4

File No MCA21/2a /20r4-E-gov

Govemment of India

Ministry of Corporate Affairs

"A" Wing, Sfr Floor, Shastri Bhawan

Dr R. P. Road, New Delhi-110O01

Date: - O7.O5.2O 14

Sub: - certlficdtton o! D.forns/non e-lonn's under t & Corry)o,nles Act,

2013 bg tLe Practiclng Professlo'nals: . regardlng,.

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 certifled have been given in the notification dated 28/04/2014

2. In this regard attention is invited towards the requirement of authentication

oldocuments prescribed under the Companies (Registration Offices and Fees)

Rules, 2014 which elaborate on the responsibility. Further, Rule 1O of ibid

the Registrar is to exarnine e-forms or non e-forms attached and filed with

general forms on McA portal viz. to verit' 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 lalse or misleading or incorrect

information pursuant to requirement of above said Rules; 15 days notice may

4. The Regional Director or the Registrar will submit his/her report rn respecr

of the inquiry initiated, irrespective of the outcome, to the D_Governance cell

of the Ministry within 15 days of the expiry of period given for submission of

an explarration witl recommendation in initiating action u/s 447 and.44g of

the Companies Act, 2013 wherever applicable ald also regarding referral of

the matter to the concemed professional Institute for initiating disciplinary

5. The E-Gov cell ofthe Ministry shall process each case so referred and issue

necessary rnstructions to the Regional Director/ Registrar of Compalies 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 concemed professional fro m filing any document

6. The Registrar shall forward a fortnightly report to the concemed 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 76 of every month as per the prescribe; proforma (copy

Yours faithfully,

tr,M23387263

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