As you all know that E-filing and other online services of MCA portal are disabled till 28/4/2014.

What effects it would have on common public?

Posted 3 years, 5 months ago by Rahul Rai

Effect of disabling e-filing on MCA portal till 28.4.2014:

  1. Incorporation of new company is disabled.
    RESULT: Your constitutional right to start new business in a company suspended by MCA.
  2. Obtaining DIN by a person is disabled.
    RESULT: You cannot appoint such a person as a director without DIN. Casual vacancy also cannot be filled without DIN.
  3. Filing of letter of offer for private placement of shares as per new Rules is disabled.
    RESULT: You cannot raise share capital in the company since Companies (Prospectus & Allotment of Securities) Rules 2014 require filing of letter of offer with ROC in advance.
  4. Filing of return for changes in directors is disabled.
    RESULT: You cannot give copy of the same to DGFT which requires the same for updating import-export code.
  5. General impact: The very purpose of filing documents is to make available to the public for inspection. Since filing is disabled, this purpose is defeated.
  6. Official gazette notifications are not available for all the Rules.
    RESULT: Everyone is completely in dark about applicable legal provisions. No clarification is there from MCA.

Posted 3 years, 5 months ago by CA Pulkit Sharma

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