Notification Detail :
The Ministry has allowed registered Members of the professionals bodies (the ICAI, ICSI and the ICOAI) to authenticate correctness and integrity ofdocuments being filed by them with the MCA in electronic mode. Details of documents required to be certifled have been given in the notification dated 28l04l2OI4 available on the MCA portal.
2. In this regard attention is invited towards the requirement of authenticationoldocuments prescribed under the Companies (Registration Offices and Fees)Rules, 2014 which elaborate on the responsibility. Further, Rule 1O of ibidthe Registrar is to exarnine e-forms or non e-forms attached and filed withgeneral forms on McA portal viz. to verit' whether all the requirements havebeen complied with and all the attachment to the forms have been dulyscanned and attached in accordance with the requirement of above said rules.
3. Where any instance of filing of documents, application or return or petitionetc. containing false or misleading information or omission of material fact orincomplete information is observed, the Regional Director or the Registrar asthe case may be, shall conduct a quick inquiry against the professionals whocertified the form and signatory thereof including an officer in default whoappears prima facie responsible for submitting lalse or misleading or incorrectinformation pursuant to requirement of above said Rules; 15 days notice maybe given for the purpose.
4. The Regional Director or the Registrar will submit his/her report rn respecrof the inquiry initiated, irrespective of the outcome, to the D_Governance cellof the Ministry within 15 days of the expiry of period given for submission ofan explarration witl recommendation in initiating action u/s 447 and.44g ofthe Companies Act, 2013 wherever applicable ald also regarding referral ofthe matter to the concemed professional Institute for initiating disciplinaryproceedings.
5. The E-Gov cell ofthe Ministry shall process each case so referred and issuenecessary rnstructions to the Regional Director/ Registrar of Compalies forinitiating action u/s 448 and 449 of the Act wherever prima facie cases havebeen made out. The E-Gov cell will thereafter refer such cases to theconcerned Institute for conducting disciplinary proceedings against the errantmember as well as debar the concemed professional fro m filing any documenton the MCA portal in future.
6. The Registrar shall forward a fortnightly report to the concemed RegionalDirector as well as to the E-Gov Division, Thereafter, the Regional Directorshall forward a consolidated report to the Joint Secretary E_GovernanceDivision on or before 76 of every month as per the prescribe; proforma (copyenclosed).
7. This issues witl the approval of tlle Secretary.
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