MCA specifies forms which needs pre-certification by CA, CS or CMA

GOVERNMENT OF INDIA

MINISTRY OF CORPORATE AFFAIRS

NOTIFICATION

NEW DELHI, the ^28th April, 2014

G.S.R…………………. (E). – In exerciseof the powers conferred by sections396,398, 399, 403 and section 404, read with sub-sections (1) and (2) of section 469 of the Companies Act, 2013_. (18 of 2013), the Central Government hereby makes the following rules to amend the Companies (Registration Offices and Fees) Rules, 2014, namely:-

1.  (1) These rules may be called the Companies (Registration Offices and Fees) AmendmentRules, 2014.

     (2) They shall come into force with effect from the 28⁶¹ day of April, 2014,

2. In the Companies (Registration Offices and Fees) Rules, 2014 (herein after referred to as the said rules), in rule 8, after sub-rule (II), following sub-rule shall be inserted, namely:-

“(12)(a) The following e-forms filed by companies, other than one person companies and smallcompanies, under sub-rule (1) of rule 9, shall be pre-certified by the Chartered Accountant or the Company Secretary or as the case may be the Cost Accountant, in whole-time practice, namely:‑

INC-21, INC-22, INC-28, PAS-3, SH-7, CI-IG-1, CUG-4, CIG-9, MGT-14, I)IR-6, DIR-12, MR-1, MR-2, MSC-1, MSC-3, MSC-4, GNI,-3, ADT-1, NDI-1-1, NDH-2, NDH-3;

(b) The following e-forms filed by companies, other than one person companies and small companies, under sub-rule (1) of rule 9, shall be pre-certified in the following manner, namely:‑

(1) GNL-1 – optional pre-certification by the Chartered Accountant or the Company Secretary or as the case may be the Cost Accountant, in whole-time practice;

(ii)       DPT-3 -certification by Auditors of the company;

(iii)       MGT-10 – certification by a Company Secretary in whole-time practice;

(iv)  AOC-4- certification by a Chartered Accountant in whole-time practice;

(c) E-form DIR-3 shall be filed along with attestation of photograph, identity proof and proof of residence of the applicant by the Chartered Accountant or the Company Secretary or as the case may be the Cost Accountant, in whole-time practice.”

3. In the said rules, in rule 9, for sub-rule (1), the following sub-rule shall be substituted, namely:‑

“(1) The Central Government shall set up and maintain a secure centralised electronic registry in which all the applications, financial statement, prospectus, return, register, memorandum, articles, particulars of charges, or any particulars or returns or any other documents under the Act shall be^.filed and stored electronically.”

(Renuka Kumar)

Joint Secretary

[F.No.1/5/2014-CL-V]