Process of Cancellation of SRN (already approved from) ROC- Series 521


SERIES - 521
Process of Cancellation of SRN
(already approved from) ROC 
(2nd January, 2020)
It’s a common question amongst many professionals now-a-days that

In this editorial author shall discuss provisions under companies Act relating to correcting the defects and cancelling the approved e-form or provisions of revisions of AOC-4 or any other e-form.

Extract of law:
As per Rule 10(6) of The Registration of Offices and Fees Rules, 2014, in case the Registrar finds any e-form or document filed under Straight Through Process as defective or incomplete in any respect, he shallat any time suo-motu or on receipt of information or compliant from any source at any time, treat the e-form or document as defective in the electronic registry and shall also send a notice pointing out the defects or incompleteness in the e-Form or documents attached, at the e-mail address (latest updated) of the person or the company which has filed the document, calling upon the person or company to file the e-Form or document afresh along with fee and additional fee, as applicable at the time of actual re-filing, after rectifying the defects or incompleteness within a period of thirty days from the date of the notice.


Whether AOC-4/MGT-7/ any other form filed by Company can be revising?
This is very common question amongst the professionals / corporates that whether a form e.g. AOC-4 filed with ROC having any clerical mistake in form can be cancel and revised or not.

Once the form AOC-4 filed on MCA Portal, the portaldoes not allow us to file revised form. If we try to upload the form, it shows an error that “from has already been filed for the said financial year”.

Now the issue arise that how do we revise the form?

Let us understand the types of errors. The errors can be of two types as shown below: 



Now let us discuss what can be done-
Point 1: An error in the financials or any other documents attached itself


Point 2: An error in filling the form (eg CFS was applicable on Company but company forgot to check CFS field in e-form).

As per rule 10(6), if there is any error/omission in ‘filling’ of information in e-form, in such situation company can approach ROC to allow them to file revise form. Process of the same mentioned below:

STEP 1: Company shall prepare an application mentioning the reason for revision of form.
STEP 2: Director and professional will digitally sign the form, prepare an affidavit and oath about the change in form. (Affidavit should be on stamp paper as discussedbelow)

STEP 3: Company shall file such application along with original copy of affidavits with concerned ROC.

STEP 4: ROC shall analyze the application and if satisfied with the reason mentioned in application, mark the form as defectivethat has been earlier  filed in its record.

STEP 5:Once form is marked as defective in records of ROC, Company shall be able to file the revised form on MCA Portal.

STEP 6: Company shall file revised form with additional fees.

Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at csdiveshgoyal@gmail.com).
Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, I assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. I assume no responsibility for the consequences of use of such information. IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION


Comments

  1. Sir I have filed a form DIR 12 with some wrong information and the same was approved in STP Mode. However the form marked as defective by ROC on my application . Since the SRN number of the original form is not cancelled I am unable to file the revised for. Pl Advise

    ReplyDelete

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