The Institute of Company Secretaries of India (ICSI) recently sent an official letter to the Ministry of Corporate Affairs (MCA), expressing several unresolved issues concerning the MCA-21 V3 Portal. The letter served as a comprehensive summary of all the pending issues that professionals and stakeholders have been facing. Let’s delve into the specifics of these concerns and understand their broader implications.
Technology Hiccups
Several of the issues point towards technical glitches in the system. For example, Master Data not reflecting correct details after multiple corporate actions like appointment, cessation, and amalgamation is a concern (#1). This is a critical issue as Master Data is essential for various compliance requirements.
Data Consistency and Validation
Data validation issues have been a constant source of problems. Whether it is about Membership Numbers not being associated with companies or DSCs not getting verified (#2 and #3), these issues delay e-form filing and can have legal implications.
Financial Transactions and Record Keeping
Challans not getting paid or receipts not generated (#4) directly impacts the financial records of companies. Similarly, stakeholders making multiple payments, including stamp duty, without getting refunds (#21) is another financial concern that needs immediate attention.
Operational Challenges
The list indicates that operational inefficiencies are rampant. For example, V2 and V3 forms not being visible at ROC/RD offices (#5), or the site not working properly during business hours (#39), could drastically affect the day-to-day operations of companies.
Legal and Compliance Concerns
Some issues are directly related to legal compliance. For instance, Form STK-2 getting rejected without a chance for re-submission (#22) or issues with filing Form INC-28 and Form 22 LLP for an order passed by NCLT (#32) could lead to regulatory consequences.
Conclusion
The concerns presented by ICSI in their letter to the MCA are numerous and varied, ranging from technical glitches to legal compliance issues. It’s commendable that ICSI has taken the initiative to compile these issues for resolution. However, the letter also serves as an important reminder that the transition from MCA-21 V2 to V3 is fraught with challenges that require immediate attention from the MCA for smooth and effective corporate governance in India.
Stakeholders will eagerly await a response from the Ministry, hoping that their issues are resolved soon to make their interactions with the MCA-21 V3 Portal more seamless and efficient.
******
THE INSTITUTE OF
Company Secretaries of India
IN PURSUIT OF PROFESSIONAL EXCELLENCE
Statutory body under an Act of Parliament
(Under the jurisdiction of Ministry of Corporate Affairs)
CL: MCA: 2023 Dated: August 24, 2023
Shri Manoj Govil, IAS
Secretary
Ministry of Corporate Affairs
Government of India
Government of India
Shastri Bhawan
New Delhi -110001
Subject: Pending issues of stakeholders on MCA-21 V3 Portal as solicited upon by the Ministry
Dear Sir,
Greetings from the Institute of Company Secretaries of India !
At the outset, the Institute of Company Secretaries of India, on behalf of all the professionals and stakeholders, extends its gratitude towards the Ministry of Corporate Affairs, and all its officers for their forthcoming approach in resolving the issues and challenges being faced during the course of the transition from MCA-21 V2 to Version 3 of the portal.
The Institute, on solicitation by the Ministry, had shared the concerns and challenges encountered by the professionals in the course of filing forms on the MCA 21 V3 portal. We place on record our gratefulness for considering our representations favourably and making dedicated attempts to resolve the said issues.
Furthermore, upon resolution, as advised by the Ministry, a final status check has been conducted to enlist out the unresolved issues. The list of the same is attached herewith for their appropriate resolution.
We thank you for your continued support and hope that our combined efforts shall smoothen the transition to the new version.
Thanking You,
Yours faithfully,
(CS Manish Gupta)
President
The Institute of Company Secretaries of India
S. No. |
Concerns |
Resolved or Not |
Ticket No & Mobile
|
Ticket No & Mobile
|
1 |
Master Data is not reflecting correct details after incorporation, allotment, amalgamation, demerger, appointment, cessation, etc. i.e. after the approval of Spice Forms, Form MGT-14, Form SH-7, Form PAS-3, Form DIR-12, Form FC-2, Form 1NC-22, Form INC-28, Form 3 LLP, Form 4 LLP and Form 15 LLP. |
Not Resolved Company has filed DIR-12 for change of designation of Director and the signatory tab shows pastand present (both) designation |
FO _20230810104912220230810104912290923 32000 /90809 29003 |
FO 202308101048391 |
2 |
There are numerous Membership Numbers / C1Ns / PANs / DINs which are not associated with the Companies / LLPs at the time of pre-filling of various forms resulting in delay of filing e-forms within the due date. |
Not Resolvedno mobile |
F0_202307191004397, no mobile |
F0202308031033650 |
3 |
DSC is being validated in some forms while at the same time it is not being validated in another forms and shows error “DSC Verification Failed”. |
Not Resolved
|
FO 20230619915417, no—mobile |
FO 202308011029360—, no mobile |
,4 |
Challans are not getting paid in most of the cases and if paid, the receipts are not getting generated. |
Not Resolved |
FO— 202308101049277,9594994377 |
FO 2023081010488289833884541 |
5 |
V2 migrated forms and sometimes even V3 forms are not visible at ROC / RD offices for processing the same. They are pending for approval since past few months. |
Not Resolved |
F0_202307201005359,9326769208 |
|
6 |
Many of the pre-filled fields show “Blank” which does not allow to further process for forms. |
Not Resolved |
F0_20230706975321,8069110026 |
FO 2023080110299579702122860 |
7 |
In certain cases of shifting of registered office from one state to another and in cases of conversion, master data of existing entity should be updated but multiple master data of same company are getting generated due to technical glitches which would create very big problem. |
Not Resolved |
F0_202308051039907,09818496537 |
F0_20230703963708,8000737308 |
8 |
For more than two weeks, View Public document is not working at all. New Financial Year started and auditors are not able to access this facility and verify the details provided by the company. Hence, they are not able toprepare their report._ |
Resolved
|
– |
– |
1 |
Master Data is not reflecting correct details after incorporation, allotment, amalgamation, demerger, appointment, cessation, etc. i.e. after the approval of Spice Forms, Form MGT-14, Form SH-7, Form PAS-3, Form DIR-12, Form FC-2, Form 1NC-22, Form INC-28, Form 3 LLP, Form 4 LLP and Form 15 LLP. |
Not Resolved Company has filed DIR-12 for change of designation of Director and the signatory tab shows pastand present (both) designation |
FO _20230810104912220230810104912290923 32000 /90809 29003 |
FO 202308101048391 |
2 |
There are numerous Membership Numbers / C1Ns / PANs / DINs which are not associated with the Companies / LLPs at the time of pre-filling of various forms resulting in delay of filing e-forms within the due date. |
Not Resolvedno mobile |
F0_202307191004397, no mobile |
F0202308031033650 |
3 |
DSC is being validated in some forms while at the same time it is not being validated in another forms and shows error “DSC Verification Failed”. |
Not Resolved
|
FO 20230619915417,—no mobile |
FO 202308011029360—no mobile |
,4 |
Challans are not getting paid in most of the cases and if paid, the receipts are not getting generated. |
Not Resolved |
FO— 202308101049277,9594994377 |
FO 2023081010488289833884541 |
5 |
V2 migrated forms and sometimes even V3 forms are not visible at ROC / RD offices for processing the same. They are pending for approval since past few months. |
Not Resolved |
F0_202307201005359,9326769208 |
|
6 |
Many of the pre-filled fields show “Blank” which does not allow to further process for forms. |
Not Resolved |
F0_20230706975321,8069110026 |
FO 2023080110299579702122860 |
7 |
In certain cases of shifting of registered office from one state to another and in cases of conversion, master data of existing entity should be updated but multiple master data of same company are getting generated due to technical glitches which would create very big problem. |
Not Resolved |
F0_202308051039907,09818496537 |
F0_20230703963708,8000737308 |
8 |
For more than two weeks, View Public document is not working at all. New Financial Year started and auditors are not able to access this facility and verify the details provided by the company. Hence, they are not able toprepare their report._ |
Resolved
|
– |
– |
21 |
Stakeholders have made payment including stamp duty twice / thrice which is yet to be refunded to them. |
Not Resolved |
F0_202308011030061,9867007543 |
Fo-2023000110001347400085888 |
22 |
Form STK-2 is recently migrated from V2 to V3. Forms are getting rejected without giving any opportunity of re-submission. |
Not Resolved |
FO —202307221010955,9304277449/8603586506 |
FO —20230804103757473738-54-000 |
23 |
On filing of Form PAS-3 Authorized Capital is getting increased instead of Paid-Up Capital. |
Resolved |
||
24 |
Declaration is required to be submitted by the Auditor in Form DPT-3, still the form for submitting the declaration is disabled for:“Particulars of transactions by a company not considered as deposit as per rule 2(1)(c) of the Companies (Acceptance of Deposit) Rules, 2014” and “Onetime Return for disclosure of details of outstanding money or loan received by a company but not considered as deposits as per rule 2(1)(c) of the Companies (Acceptance of Deposits) Rules, 2014”. |
Resolved |
||
25 |
In many cases, Form DPT 3 not getting downloaded |
Resolved |
||
26 |
While submitting DPT 3, we are unable to fill resolution date and number and also. auditor signature. |
Resolved |
||
27 |
License Number of Section-8 Companies incorporated under VI portal is not getting pre-filled in Form INC-18 as in V2 and V3 portal, there is a limit of 6- Digit License Number. Users are unable to convert their company into other kind of company. |
Resolved |
||
28 |
In case a person is already a KMP in a Company and wants to become a director, then after approval of Form DIR-12, the designation of KMP is getting removed and only the latest designation appears in the Master Dataand vice versa. , |
Resolved |
||
29 |
In case Spice+ Part B is required to be edited, all other linked forms get disappear and need to fill again which is time consuming. |
Not Resolved |
FO 202308041036432 ,8976649434 |
F0_2023073110268749869036781 |
30 |
While submitting Form part B (incorporation form) with an applicant who does not hold DIN, it shows error as the respective PAN entered already exist against pending SRN….. Whereas no application has been filed. |
Resolved |
||
31 |
Log out is not happening. We are doing Shift + log out many times to log out |
Resolved |
||
32 |
Users are not able to fill Form INC-28 and Form 22 LLP for an order passed by NCLT. PANs of Insolvency Professionals are not getting validated. Insolvency Professionals are not able to file Form 1NC-28 and Form 22 LLP. |
Not Resolved |
F0_202308031036080,94150 05108, 7905798954 |
|
33 |
Form FILLIP i.e. Incorporation of LLP does not accept PIN Code of more or less than 6 digits. It is creating problem for filling details for Foreign Nationals. |
Resolved |
||
34 |
Flip Form 9 is not prefilling the PAN |
Resolved |
. |
|
35 |
Due to delayed approval of Form MGT-14, users are facing issue in filing of other linked forms which depends on the Approval of Form MGT-14 likeForm INC-27, Form INC-24, which amounts to violation of various of the Companies Act, 2013.provisions |
Not Resolved |
F0_20230710983369 , no mobile number |
|
36 |
Even if the SRN of Form MGT-14 is approved, error occurs “Enter a valid SRN” at the time of submission of Form INC-24. |
Not Resolved |
F0_202307241012373, no mobile |
FO -20230710983600 9821005918 / 7021577294 |
37… |
In many cases, Form MGT 14 not getting downloaded only e-AoA is getting downloaded . |
Not Resolved |
F0_202308031034526,944838406L ,, |
F0_202307261018701.9867007543 |
38 |
There is no option in the form to fill AOA other than model AOA. |
Resolved |
– |
– |
39 |
Site is not working properly from 10 AM to 6 PM; if we need to file any Form need to do it either, at late night or early morning only. |
Not Resolved |
No ticket number for thisissue |
No ticket number for
|
40 |
Users are not able to register the DSC and the following error occurs:
DSC is registered in their name. |
Net Resolved |
F0_202307281022670,9010633303 |
|
41 |
Despite all the details being as per PAN and DIN, the users are getting the error of “Personal Details mismatch”. |
Not Resolved |
F0_202307271021138,9886985108 |
FO _ 20′7307281023262 –‘9820850242 |
42 |
User facing following issue in FORM 11 and INC 221) Date of year end for which it is being filed is outlined red.2) The excel file with details of Partner is showing incorrect data.E–Tor occurred as the date entered cannot be less than the date of incorporation of the Company. kindly enter a valid date |
Not Resolved |
F0_202308091046134, no mobile number |
F0_202307049651 578130488555 |
43 |
In Form DIR 6 user while saving and submitting the form , screen getting freezed |
Not Resolved Issue arises at time of submission of such form |
F0_2023072110093528446903311 |
F0_2023071910041288446903311 |
44 |
In certain cases COI is not getting generated |
Not ResolvedThere is delay in COI generation |
Fo-202300502783678997367948 |
Fo-202307129885539930336176 |
45 |
Facing issue at the time of resubmissicn of company’s incorporation forms |
Not Resolved
|
F0_202308021031285 |
