ICSI Request for exemption from delayed filing fee for Charge related forms

Keeping in view the technical difficulties faced by  stakeholders, ICSI request MCA to consider granting exemption from delayed filing fee for these 5 charge related forms, i.e., Form CHG-1, CHG-4, CHG-6, CHG-8 & CHG-9 till October 15, 2022.

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)

September 15, 2022

MCA: 2022 022

Shri Tarun Bajaj, IAS
Secretary
Ministry of Corporate Affairs & Department of Revenue
Government of India
Shastri Bhawa, New Delhi -110001

Subject: Request for granting exemption from delayed filing fee for Charge related forms under MCA-21 V3

Sir,

As you are kindly aware that the Ministry of Corporate Affairs has rolled out 9 forms in the first phase of MCA-21 V3 on 31st August 2022, viz. DIR3-KYC Web, DIR3-KYC E-form, DPT-3, DPT-4, CHG-1, CHG-4, CHG-6, CHG-8 & CHG-9. Amongst these, there are 5 charge related forms.

In terms of the provisions of Chapter VI (section 77-87) of the Companies Act, 2013 in case certain charge related forms are not filed within the stipulated time, additional fee or advalorem fee would be charged as prescribed in the Companies (Registration Offices and Fees) Rules, 2014.

Recently, as per the MCA communication, company e-Filings on V2 portal were disabled from August 15, 2022 till August 31, 2022 for these forms. In this regard, various technical issues have been reported by the professionals. Some of these issues are placed hereinbelow:

1. User Registration /Login issues:

• Users are not able to convert into ‘Business User’
• In case of multiple IDs, one ID is to be cancelled by the back-end team
• Users are not able to Login at V3 portal
• Appearance of following messages:
  • A user account already exists with the PAN provided. Please try to login.
  • A user account already exists with the Membership number provided. Please try to login.
  • Please file Form DIR -6 to update the address/mobile no. Email ID.

2. Form CHG-1 related issues:

• Form is not appearing in View Public Documents
• Particulars of Charge are not appearing in MCA Index of Charges
• Certificate of Registration of Charge is not generated
• Form is not getting downloaded
• 1st page is getting saved, but 2nd and 3rd pages are not getting saved
• While filing form, message appears — “Signatory is not registerea”
• DSC validation failure in Form CHG-1
• Users are unable to submit Form CHG -1.

3. Charge ID association: While filing Form CHG- 4, after entering charge ID and clicking on pre-fill button, the message appears that “Charge ID is not associated with the company”.

4. Other issues: In form CHG-1/CHG-4,

• Users are unable to pre-fill CIN
• Email ID is prefilled as null
• Registered office address is also not getting pre-filled

Given these issues, amongst others, professionals are facing difficulties in meeting deadlines pertaining to filing of charge related forms.

Keeping in view the technical difficulties being faced by the stakeholders, we request your goodself to kindly consider granting exemption from delayed filing fee for these 5 charge related forms, i.e., Form CHG-1, CHG-4, CHG-6, CHG-8 & CHG-9 till October 15, 2022.

We shall be pleased to provide any further information or clarification in this regard on hearing from your goodself.

Thanking You,
Yours faithfully

(CS Asish Mohan)
Secretary