Effect of disabling e-filing on MCA portal till 28.4.2014:
- Incorporation of new company is disabled.
RESULT: Your constitutional right to start new business in a company suspended by MCA.
- 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.
- 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.
- 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.
- 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.
- 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 2 years, 10 months ago by CA Pulkit Sharma
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