Home Company Law - Editorial Process of Cancellation of SRN (already approved) from ROC

Process of Cancellation of SRN (already approved) from ROC

by CS Divesh Goyal
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Process of Cancellation of SRN (already approved) from ROC

(Process of Revision of Form on MCA Website)

 

It’s a common question amongst many professionals thatIf a form approved by ROC under STP mode, whether SRN can be Cancel?

 Whether AOC-4/MGT-7/ any other form filed by Company can be revising?

In this editorial author shall discuss provisions under companies Act Relating to defect/ cancel the approved e-form or process of revisions of AOC-4 or any other e-form. 

Extract of law:

As per Rule 10(6) of The Registration Office and Fees Rules, 2014, (6) In case the Registrar finds any e-form or document filed under Straight Through Process as defective or incomplete in any respect, at any time suo-motu or on receipt of information or compliant from any source at any time, he shall treat the e-form or document as defective in the electronic registry and shall also issue a notice pointing out the defects or incompleteness in the e-Form or document at the last intimated e-mail address of the person or the company which has filed the document, calling upon the person or company to file the e-Form or document afresh along with fee and additional fee, as applicable at the time of actual re-filing, after rectifying the defects or incompleteness within a period of thirty days from the date of the notice.

NOTE:

As per Rule 10(6), if any form approved through STP mode and ROC came to know any defect in the form (Suo Moto, on receipt of any information or complaint from any source), then having power to mark that form as Defective in its record.

Therefore, it is clear that once a form approved through STP mode under rule 10(6) ROC having power to make it defect.

Whether AOC-4/MGT-7/ any other form filed by Company can be revising?

This is very common question between professionals / corporates that whether a form e.g. AOC-4 filed with ROC having any clerical mistake in form can be revised or not.

As once AOC-4 filed with ROC the MCA site don’t allow to file revised form, it show an error that “from has already been filed for the said financial year”. Now the issue arise that how to revise the form.

 

Point 1: Any mistake which impact amendment in financials or any other documents

As per provisions of Section 131, if company wants to make any amendment in financial statement or board report along with annexure then it is required to take approval for the same from NCLT.

Without approval of NCLT, ROC can’t allow to revise form if there is any change (even clerical change) in Financial Statement and Directors’ Report.

Point 2: Any mistake in filing of form e.g. (CFS was applicable on Company but company forgets to select CFS in e-form).

As per rule 10(6), if there is any mistake in filing of information in e-form, in such situation company can approach ROC to allow them to file revise form. Process of the same mentioned below:

STEP 1: Company shall prepare an application mentioning the reason for revision of form.

STEP 2: Director and professional digitally signed the form prepare an affidavit and oath about the change in form. (Affidavit should be on stamp paper as per state law)

STEP 3: Company shall file such application along with original copy of affidavits with concerned ROC.

STEP 4: ROC shall analyze the application and if satisfied with the reason mentioned in application, mark defect the earlier filed form in its record.

STEP 5: once form marked defective in record of ROC, Company shall be able to file revised form.

STEP 6: Company shall file revised form with additional fees.

 

Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at csdiveshgoyal@gmail.com).

Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, I assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. I assume no responsibility for the consequences of use of such information.

IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION

 

 

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