Process of Cancellation of SRN (already approved from) ROC- Series 521
SERIES - 521
|
(already approved from) ROC
(2nd
January, 2020)
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
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
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