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PREFACE

MCA 21 an E-Governance initiative of the Ministry of Company Affairs is a flagship programme built on the Government’s vision of National E-Governance. This will bring a service transformation in terms of ease of use and secure access to MCA services. It will serve the interests of all the key stakeholders primarily being business and corporates by enabling them to have simple, hassle free interaction on compliance matters. The MCA 21 initiative will facilitate electronic submission of forms and documents and electronic access of the same by the public. Thus it aims at moving from paper based to nearly paper less environment covering all services provided by the Registrar of Companies (ROC) starting from Incorporation of company. Consequently the Government would be in a position to play the regulatory role through transparent means and effective compliance management.

MCA has issued the Companies (Central Government’s) General Rules and Forms (Amendment) Rules, 2006 and notified new e-Forms. These Forms have been evolved to suit e-filing. With effect from 28.2.2006 only the notified e-Forms have to be filed whether filed electronically (in offices of ROCs which have gone on-line) or in physical mode (in offices of ROCs which have not yet gone on-line) until the electronic filing is made mandatory. 

All existing Directors and persons intending to become Directors of a company have to obtain a Director Identification Number (DIN). Every authorised signatory including the practising professional has to obtain Digital Signature Certificate (DSC).

The new e-Forms shall have to be authenticated by the authorized signatories (Managing Director/ Director/Manager/Company Secretary) using digital signatures. Some e-Forms are also to be certified by practicing professionals. This pre-certification can be carried out by Company Secretaries in whole-time practice as well as by Chartered Accountants and Cost Accountants in practice.

As no change is easy and the corporates need to adopt the new system, the Company Secretaries both in practice and in employment can do a yeomen service by advising their company management and clients on the new system and by providing services at the doorstep.

This Publication contains the new e-Forms followed by guiding instructions to fill them, Changes in Forms at a glance, Handbook on MCA 21, Process for obtaining DIN, Frequently asked questions on MCA 21. The Publication also contains a CD, which contains the latest e-Forms. We are thankful to the Ministry of Company Affairs for having accorded their approval for reproduction of their CD and the contents therein for reproducing in this book. I am hopeful that the publication would found to be useful by the Company Directors/Company Secretaries/Executives and other professionals.

Dated: 4th March, 2006                                                                                H.M. Choraria
                                                                                                                                    PRESIDENT

Place: New Delhi                                           The Institute of Company Secretaries of India

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