As being a professional sometimes it happens that we upload some forms and we realize afterward that some information provided by us is incorrect or we omitted to provide some information to ROC. and as you all know the STP process of the ROC in which our form is taken as processed in real-time without checks.
Now the question comes to mind whether we can revise the form filed by us?
As you all know that we can file only a single form for a particular year with ROC. In such a situation, we can’t revise and re-upload the same form.
|Now the question is “If a form approved by ROC under STP mode, whether SRN can be Cancel?” or ” Whether AOC-4/MGT-7/any other form filed by Company can be revising?” :-)|
In this editorial author shall discuss provisions under the Companies Act Relating to defect/ cancel the approved SRN or process of revisions of approved AOC-4 or any other e-form.
Here we start :-D
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-moto or on receipt of information or complaint 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.
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 the 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 the power to make it defect.
Whether AOC-4/MGT-7/ any other form filed by Company can be revising? :-)
This is a 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 doesn’t allow to file a revised form, it shows an error that “from has already been filed for the said financial year”. Now the issue arises that how to revise the form.
Point 1: Any mistake which impacts amendment in financials or any other documents
As per provisions of Section 131, if the company wants to make any amendment in the 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 the filing of form e.g. (CFS was applicable to Company but the company forgets to select CFS in e-form).
As per rule 10(6), if there is any mistake in the filing of information in e-form, in such a situation the company can approach ROC to allow them to file a revised form. Process of the same mentioned below:
STEP 1: Company shall prepare an application mentioning the reason for the revision of the 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 an application along with an original copy of affidavits with the concerned ROC.
STEP 4: ROC shall analyze the application and if satisfied with the reason mentioned in the application, mark defect the earlier-filed form in its record.
STEP 5: once the form marked defective in the record of ROC, Company shall be able to file a revised form.
STEP 6: Company shall file a revised form with additional fees.
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 professional advice and is subject to change without notice. I assume no responsibility for the consequences of the use of such information.
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