DEFAULTING COMPANIES ARE DEBARRED FROM FILING WITH MCA - A SERIOUS CALL
CS DHANAPAL, B.COM,B.A.B.L,A.C.S
Dear All
In continuation to our earlier email in relation to above cited subject, we wish to inform that we are experiencing a problem in e-filing of forms and returns across a number of companies. While uploading any form other than Annual filing forms, an error message crops up which reads as under, even such form is signed by the Company Secretary of that particular Company:
“The Director signing the eform is also a director of a defaulting company which has not filed due balance sheet and/or annual return. Hence the director is not allowed to file this form. Such defaulting company is required to file all the balance sheets, annual returns first, and then only the director will be allowed to sign the eform for filing."
The Ministry of Corporate Affairs (MCA) had recently come out with two circulars related to the above issue.
The First Circular No. 33/2011 was issued on 01.06.2011 and the circular contains that with effective from 3rd July, 2011, no request whether in oral/writing/through e-forms will be accepted for recording any event based changes, for a defaulting company which has not filed its balance sheets and annual returns, except for a few forms i.e. form 32, 20B, 21A, DIN-3, 21, 23AC, ACA, 1 INV, 23B and 66. The Circular also states that no e-forms shall be accepted from Directors of these defaulting companies for any other company also. Company Secretaries and Auditors of these companies will also not be allowed to sign and certify any forms for such companies till the error is rectified.
The Second Circular No. 39/2011, issued on 20.06.2011, was issued as a clarification to the above circular and it reiterated that the above circular will be effective from 03.07.2011. It stated further that above circular shall be applicable to those defaulting companies and their Directors which have not filed Balance Sheet or Annual Return for any of the financial year’s 2006-07, 2007-08, 2008-09 and 2009-10.
As per the above circulars, form 32 is included in the list of exempt forms which will be registered in spite of the default. However, we are getting the same error message even while filing form 32. We have been constantly following up with the MCA officials at New Delhi but have not received any positive response so far. The MCA officers are little unwelcoming in answering any queries on phone and ask to send queries/complaints through email only. We have forwarded multiple mails also but haven’t received any reply as yet.
We thought it is a high time to share our experience that we encountered as contemplated above. Therefore left with no other option but to suggest all concerned to refer the following points to ensure smooth e-filing for your companies/clients
Ø Ensure that all annual filing forms for the FY’s 2006-07 to 2009-10 have been filed with the ROC for all of your companies/group companies.
Ø Obtain Form 24AA from all the Directors, Managers and Secretaries of all your companies.
Ø Prepare a comprehensive list of name of all companies in which your directors are holding directorship.
Ø Ensure / Suggest that all annual filing forms for the FY’s 2006-07 to 2009-10 have been filed with the ROC for all those companies in the above list in which your directors are holding directorship.
This is for your kind information and deliberation. We also solicit your views on this.
Thanks and Regards
Senior Partner
S D H A N A P A L
&
A S S O C I A T E S
(A firm of Practising Company Secretaries)
Third Floor,Victory Towers,
Old No.724/725, New No.486,
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(opp to Pachaippa's College),
Aminjikarai, Chennai - 600 029.
Land-line 044 - 4553 0256 / 0257
Dir- 42652127 Cell-9677022712
Email Id. csdha...@gmail.com
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