MCA highlights Irregular certification of ROC e-forms

Government of India
MINISTRY OF CORPORATE AFFAIRS
Office of the Regional Director (North Eastern Region)
Morellow Building Ground Floor
Kachary Road
Shillong-793 001

Ref: RD/NER/406

Various e-forms AOC-4 were certified by you stating- “I declare that I have been duly engaged for the purpose of certification of this form. It is hereby certified that I have gone through the provisions of the Companies Act, 2013 and Rules there under for the subject matter of this form and matters incidental thereto and I have verified the above particulars (including attachment(s)) from the original/ certified records maintained by the Company/ applicant which is subject matter of this form and found them to be true, correct and complete and no information material to this form has been suppressed. I further certify that,

1. The said records have been properly prepared, signed by the required officers of the Company and maintained as per the relevant provisions of the Companies Act. 2013 and were found to be in order;

2. All the required attachments have been completely and legibly attached to this form;

3. it is understood that I shall be liable for action under Section 448 of the Companies Act, 2013 For wrong certification, if any found at any stage “

Further, in terms of Rule 8(3) of the Companies (Registration Offices and Fees) Rules 2014 the professional who certifies the e-form shall be responsible for the correctness of the contents of the e- form and correctness of the enclosures attached with the electronic form. In terms of Rule 8(7) thereof it shall be the sole responsibility of the person who is signing the form and professional who is certifying the form to ensure that all the required attachments relevant to the form have been attached completely and legibly as per provisions of the Act and rules made there under to the forms or application or returns filed.

It is mandated in form AOC-4 that copy of financial statements duly authenticated as per section 134 (including Board’s report, auditors’ report and other documents) should be attached to the form.

Following further wrong certifications were found.-

1. SRN 659475822- In the Auditors Report the Auditor reported that receipt of principal amount of loan given to parties covered under section 189 of the Companies Act 2013 was not regular and reasonable steps were not taken by the company in this regard. No explanation was furnished in the Board’s Report. Rather it was stated in the Board’s Report that no qualification was made in the Auditors’ Report. But in form AOC-4 in segment VII. (1) NO was selected and in segment VI. (2) YES selected. The certification therefore provides misleading impression that there was no qualification or adverse observation of the Auditor.

2. SRN G59475343- In the Auditors Report the Auditor reported that receipt of principal amount of loan given to parties covered under section 189 of the Companies Act 2013 was not regular and reasonable steps were not taken by the company in this regard. No explanation was furnished in the Board’s Report. Rather it was stated in the Board’s Report that no qualification was made in the Auditors’ Report. But in form AOC-4 in segment V.II.

(1) NO was selected and in segment VI. (2) YES selected. The certification therefore provides misleading impression that there was no qualification or adverse observation of the Auditor.

You may submit your comments and explanations in the matter to this office within 14 (fourteen) days hereof including by email.

Yours faithfully,

Regional Director
North Eastern Region