File No. CL-II-03/337 /2021O/o DGCoA-MCA
Government of India
Ministry of Corporate Affairs
Office of the Director General of Corporate Affairs
Kota House Annexe, 1, Shahjahan Road, New Delhi-110 011.
Dated:- 11/04/2022
The President,
Institute of Company Secretaries of India,
22, ICSI HOUSE, Lodhi Rd, Institutional Area,
Lodi Colony, New Delhi,
Delhi 110003.
Sub: Verification/ Certification of documents related to Incorporation of a Company or a LLP by practicing Professionals –regarding.
Sir,
It has been brought to the notice of the Ministry that the various instances have been observed where it has been found that practicing members of your Institute are not carrying out due diligence and verification of document while incorporating a company or a LLP. The verification of documents pertains to directors / Key Managerial Personnel, witness to Memorandum of Association & Articles of Association and verification of Registered Office are strictly required to be carried out as per provisions of the Companies Act and Rules made there to and LLP Act and Rules made thereto. Lack of compliances may attract penal action under appropriate provisions of the Act. This may be brought to the notice of all the practicing members of he Institute for strict compliance under intimation to this Office.
This issues with the approval of the Competent Authority
Yours faithfully,
(Sanjay Kumar Gupta)
Joint Director
Also Read: ICSI Advisory to ensure Due Diligence While Incorporating a Company or LLP
MCA writes CMA institute for Lack of compliances by its members in Company/LLP incorporation
Do Strict Compliance in incorporation of Company / LLP: ICAI to Members
Download MCA Letter to ICSI on Non-Formation of LLP with due diligence by Its Members