My mail to MCA officials

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Vivek Hegde

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Jun 6, 2016, 11:45:16 PM6/6/16
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Dear All,

FYI and views:

Respected Sirs,

I am writing this mail with lot of frustration and the tension the Central Registration Center (CRC) has created recent days. Following are the serious issues we professionals are facing regularly with CRC:

​1​
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​ There is no way to contact CRC officials since no e-mail ID or ​contact numbers are made available by MCA till date. Few contact numbers are being circulated at various social forums. We do not know the authenticity of the same. 

2. Few people at Delhi region are taking due advantage of the situation and claiming that they do liaison with CRC at a cost. I am not sure whether CRC is having public access.

3. Disposal of the matters at CRC: It is very unfortunate that the officials at CRC are disposing of the cases without applying the legal provisions of the Companies Act/Rules properly also without responsibility and accountability. I need to give couple of examples for the same as under: 

​A. My name application as per the attached documents were rejected without a valid reason. The reason they have given is not acceptable. ​They do not have patience to read out the reply attached to the Form (which is the only way to put our views/reply). Every application costs Rs.1,000 in the Form of filing fees. If their understanding of provisions of law is wrong, why should I bear the loss and why should I and my client suffer? 

B. They are insisting/asking for a PAN/AADHAAR CARD for a foreign national. They should have a basic knowledge of the fact that a foreign national need not have PAN/AADHAAR.

I am very sorry to say that there is no EASE OF DOING BUSINESS with this CRC. My US client is struggling to incorporate a Software Company in India because CRC claims "payment gateway service" is "NBFC activity" requires RBI approval which is not the case.

I humbly request you to look into the matter in the interest of all the stakeholders who are suffering.

Warm Regards

CS Vivek Hegde, FCS, CMA

Vivek Hegde & Co.
Company Secretaries
No.86, 1st Floor, 2nd Main
Samvruddhi Enclave
Kumaraswamy Layout 2nd Stage 
Bangalore-560061
Mob : 09900898223
Off: 080 26663577

Parameshwar Bhat

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Jun 7, 2016, 12:43:04 AM6/7/16
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Dear All

Yes. I also faced a serious problem with this new system with CRC. My incorporation form got rejected without proper reasoning. I have paid around Rs. 2,20,000/- including stamp duty. 

I tried reaching the concerned office but no use. They are not providing any communication details of CRC. I am trying to get the appointment with the Secretary, but unable to get the same.

We have to raise this issue before the appropriate level.

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?Thanks and Regards 

CS Parameshwar Bhat
B.Com,LLB,ML,ACS,MBA
Company Secretary
Bangalore
Mobile: 9449134152

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Naresh Kumar

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Jun 7, 2016, 12:52:17 AM6/7/16
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Agreed.. I hope everyone is facing this problem of base less objections are being raised by CRC. My case is really unique and shocking, a company applied for name change and they raised objection of closely resembling with the applicant company only that means the proposed name is resembling with company's own name. 


Sorry to say but this is the height of stupidity from CRS. We are loosing our precious clients.   

--Thanks & Regards--

NARESH KUMAR
CS, LL.M., PGDIPR

MOBILE- 9910683177
 
 
Please do not print this email unless absolutely necessary. Encourage environmental awareness. Save paper save trees.

CS Vighneshwar M.

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Jun 7, 2016, 1:47:40 AM6/7/16
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Hello All,

I too have similar issue. I feel Incorporation should come back to local ROC.
I have filed incorporation of software company having a word Credi, they have sent back stating that credi denotes Credit and be treated as NBFC!!

They made me to change the name in the application.

Thanks & Regards

Vighneshwar Bhat
Company Secretary In Practice
VB & Associates
Bangalore
Direct Line-91+9590252851

chandni shah

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Jun 7, 2016, 3:57:58 AM6/7/16
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Please write a mail to all the official of mca.  I did the same thing for a different matter,  to my surprise they solved it within few hours

Preeti Sharma

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Jun 7, 2016, 4:27:43 AM6/7/16
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can you please share ROC Concern person mail id.

Sitaram

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Jun 7, 2016, 6:04:50 AM6/7/16
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Vivek, you said it right.
I seriously doubt if the people sitting there at CRC know law (i may sound rude but this is my honest opinion). Forms are getting rejected at the whims and fancies of the persons pressing the button.

Incorporation has become a challenging exercise even for those who have incorporated 100 companies. Thankfully the incorporations for me have been simpler cases than what has been detailed by other members, and i was atleast able to figure out what they said/intended to say.

In few of those case, i must give credit to Infosys. They had been prompt in attending to the complaint.

The Form 23AC/ACAs have not yet been released, and one of my client, promoter of a German subsidiary was seriously wondering if it would take 3 months to have the form released. I had to raise a ticket in this connection, and forward the reply from MCA to show that i was not sleeping over the issue. Sad and unfortunate to say the least.

Perhaps we need to write to MCA officials on a regular basis.

Rgds
Sitaram

On Tue, Jun 7, 2016 at 9:14 AM, Vivek Hegde <vivekhe...@gmail.com> wrote:

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ULHAS BHAT

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Jun 7, 2016, 1:26:21 PM6/7/16
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Vivek Sir,
Good that you courageously spoke out against the unfair treatment meted out by CRC.
I think we professionals should group together and do something to convey our frustation with the MCA.

sudhindra ks

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Jun 8, 2016, 7:32:58 AM6/8/16
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I think, MCA is hiring unprofessional to press the button without application of the legal provisions/mind. Some un mind fellows doing the job since they do not have the responsibility. What happened the case filed at Delhi, I came to know the some meeting is scheduled today at Delhi between MCA officials/Infosys/ Professional institute.

I have paid incorporation fees about Rs.202000/- which got rejected and client is chasing me for refunding the amount and asking me that "is it first incorporation of a Company"

MCA is not doing any thing about refund and they are holding un authorised money.

Friends I thing all three professional institute and business form should meet the representatives of MCA or file representation to hand over CRC to concerned state ROC to approve the form at the state level.

Ministry talks of delegation of powers to ROC on some matters of Company Law but they have centralised registration centre which has jurisdiction on all ROC's with respect to registration.

Certainly it is not a achhe din for professionals after CRC came into existence.
 

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