Registrar, Central Processing Center to examine e-forms, applications or documents filed with MCA Portal
The Registrar of the Central Processing Center has been empowered to examine e-forms, applications or documents filed with MCA Portal in terms insertion of a new “Rule 10A – Central Processing Center” in the Companies (Registration Offices and Fees) Rules, 2014.
The MCA has issued Notification No. G.S.R. 107(E) dated 14/02/2024 notifying the Companies (Registration Offices and Fees) Amendment Rules, 2024.
As per the rule 10A, the Registrar shall take a decision on the application, e-forms or documents within thirty days from the date of its filing excluding the cases in which an approval of the Central Government or the Regional Director or any other competent authority is required.
Where the Registrar, on examining any application or e-Form or document finds it necessary to call for further information or finds such application or e-form or document to be defective or incomplete in any respect, he shall give intimation of such information called for or defects or incompleteness, by e-mail on the last intimated e-mail address of the person or the company, which has filed such application or e-form or document, directing him or it to furnish such information or to rectify such defects or incompleteness or to re-submit such application or e-Form or document within the period allowed.
In case the e-mail address of the person or the company in question is not available, the intimation shall be given by the Registrar by post at the last intimated registered office address of the company or the last intimated address of the person, as the case may be and the Registrar shall preserve the facts of the intimation in the electronic record.
Except as otherwise provided, the Registrar shall allow fifteen days’ time to the person or company which has filed the application or e-Form or document for furnishing further information or for rectification of the defects or incompleteness or for re-submission of such application or e-form or document. Provided that Registrar shall allow fifteen days, time for re-submission in case of reservation of a name through web service -”RUN for rectifications of defects if any.
In case where such further information called for has not been provided or has been furnished partially or defects or incompleteness has not been rectified or has been rectified partially or has not been rectified as required within the period allowed, the Registrar shall either reject or treat the application or e-form or document, as the case may be, as invalid in the electronic record, and shall inform the person or company, as the case may be.
Where any document has been recorded as invalid by the Registrar, the document may be rectified by the person or company only by fresh filing along with payment of fee and additional fee, as applicable at the time of fresh filing, without prejudice to any other liability under the Act.
In case multiple applications, e-Forms or documents are filed at a time , then all the applications, e-Forms or documents shall be examined and decided by the Registrar of the Central Processing Center.
However, the Registrar of the Central Processing Center shall have no power with respect to inspection etc. under section 399 and the Registrar having territorial jurisdiction shall continue to exercise his powers under the said section.
The Registrar of the Central Processing Center shall exercise jurisdiction all over India in respect of the examination of following application, e-Forms or documents, namely:
| (i) | Filing of Resolutions and agreements to the Registrar under section 117 of the Act in e-Form no. MGT-14 |
| (ii) | Notice to Registrar of any alteration of share capital under section 64 of the Act in e-Form no. SH-7 |
| (iii) | Application for approval of Central Government for change of name under section 13 of the Act in e-Form no. INC-24 |
| (iv) | One Person Company- Application for Conversion under section 18 of the Act in e-Form no. INC-6 |
| (v) | Conversion of public company into private company or private company into public company under sections 14 and 18 of the Act in e-Form no. INC-27 |
| (vi) | Intimation to Registrar of revocation/surrender of license issued under section 8 of the Act in e- Form no. INC-20 |
| (vii) | Return of deposits under sections 73 and 76 of the Act in e-Form no. DPT-3 |
| (viii) | Application to ROC for obtaining the status of dormant company under sub-section (1) of section 455 of the Act in e-Form no. MSC-1 |
| (ix) | Application for seeking status of active company under sub-section (5) of section 455 of the Act in e-Form no. MSC-4 |
| (x) | Letter of Offer under section 68 of the Act in form e-Form no. SH-8 |
| (xi) | Declaration of Solvency under sub-section (6) section 68 of the Act in e-Form no. SH-9 |
| (xii) | Return in respect of buy-back of Securities under sub-section 10 of section 68 of the Act in e-Form no. SH-11 |
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