Amendments by MCA February 2024
1. Establishment of Central Processing Centre (CPC)
MCA vide Notification dated February 02, 2024, announced the establishment of a Central Processing Centre (CPC) at Indian Institute of Corporate Affairs, Plot No. 6,7,8, Sector 5, IMT Manesar, Gurgaon, Haryana- 122050.
CPC shall now be responsible for processing and disposing of e-forms along with the fee as provided in the Companies (Registration of Offices and Fees) Rules, 2014, replacing the jurisdictional Registrars in this capacity. However, the jurisdictional Registrars will retain authority over companies regarding all other provisions of the Companies Act, 2013, and the rules therein, excluding e-forms.
CPC is established to streamline and improve the processing of electronic forms pertaining to company matters under the Companies Act of 2013.
The notification and the operations of the CPC shall be effective from February 06, 2024.
The link for the aforesaid Notification is as follows:
https://www.mca.gov.in/bin/dms/getdocument?mds=FrgS%252FjRXtmK%252BHpwLl3BHRQ%253D%253D&type=open
2. Relaxation of additional fees and extension of last date of filing of Form No. in LLP BEN 2 and LLP Form No.4D under the Limited Partnership Act, 2008
MCA vide Circular 1/2024 dated February 17, 2024, issued a relaxation of additional fees and an extension of the last date of filing of Form No. LLP BEN-2 and LLP Form No. 4D under the Limited Liability Partnership Act, 2008.
In view of the transition of MCA-21 from version-2 to version-3 and to promote compliance by the reporting Limited Liability Partnerships (LLPs), it is informed that such LLPs may file Form LLP BEN-2 and LLP Form No. 4D, without payment of any additional fees, up to 15.05.2024. The two forms shall be made available in version-3 for filing purposes w. e. f 15.04.2024.
The link for the aforesaid Circular is as follows:
https://www.mca.gov.in/bin/dms/getdocument?mds=ui4J8CwvqBhepbNiu3putw%253D%253D&type=open
3. MCA operationalizes the Central Processing Centre (CPC) for the Centralized Processing of Corporate Filings
CPC will process applications in a time-bound and faceless manner on the lines of the Central Registration Centre (CRC) and Centralized Processing for Accelerated Corporate Exit (C-PACE). 12 forms/applications will be processed at CPC from February 16, 2024, followed by other forms from April 01, 2024 onward.
On the lines of continuous endeavor to provide Ease of Doing Business in pursuance to Union Budget
Announcement 2023-24, CPC has been established to process forms filed as part of various regulatory requirements under the Companies Act, 2013 and Limited Liability Partnership Act, 2008 in a centralized manner, requiring no physical interaction with the stakeholders.
CRC, C-PACE, and CPC will ensure the speedy processing of applications and forms filed for incorporation, and closure and for meeting regulatory requirements so that the companies are incorporated, and closed, can alter and raise capital, and can complete their various compliances under the corporate laws with ease.
The link for the aforesaid is as follows:
https://pib.gov.in/PressReleasePage.aspx?PRID=2006537
4. Incorporation-related services provided by MCA
Incorporation-related services provided by the MCA can now be accessed through the National Single Window System through the following link: https://www.nsws.gov.in/.
The link for the aforesaid is as follows:
https://www.mca.gov.in/bin/dms/getdocument?mds=NkaICgC0PXM37dpK8VUeVA%253D%253D&type=open
5. The Companies (Registration Offices and Fees) Amendment Rules, 2024
MCA vide Notification dated February 14, 2024, notified the Companies (Registration Offices and Fees) Amendment Rules, 2024, effective from February 16, 2024.
A new Rule 10A has been inserted in The Companies (Registration Offices and Fees) Rules, 2014, establishing a Central Processing Center (CPC).
The Central Processing Center shall examine every application, e-Form, or document for approval or registration by the Registrar under section 396 (Registration Offices) of the Companies Act, 2013.
The Registrar shall decide on the application, e-forms, or documents within 30 days from the date of its filing excluding the cases in which approval of the Central Government, the Regional Director, or any other competent authority is required.
The Registrar of the CPC shall exercise jurisdiction all over India in respect of the examination of the following application, e-forms, or documents:
| Form | Description |
|---|---|
| MGT- 14 | Filing of Resolutions and Agreements |
| SH- 7 | Alteration in Capital |
| INC- 24 | Change in Name |
| INC- 6 | Conversion of One Person Company to Private or Public, or Private to OPC |
| INC- 27 | Conversion from Private into Public or vice versa |
| INC- 20 | Revocation/surrender of License under Section 8 of the Act |
| DPT- 3 | Return of Deposits |
| MSC- 1 | Application for obtaining the status of Dormant Company |
| MSC- 4 | Application for seeking the status of Active Company |
| SH- 8 | Letter of Offer for Buy-Back |
| SH- 9 | Declaration of Solvency |
| SH- 11 | Return in respect of buy-back of securities |
In case multiple applications, e-Forms, or documents are filed at a time, then all the applications, e-Forms, or documents shall be examined and decided by the Registrar of the CPC.
The link for the aforesaid Notification is as follows:
https://egazette.gov.in/(S(lsu22wx1tmqrpef5f1ubm30o))/ViewPDF.aspx
6. Deployment and usage of Change Request Form (CRF) on MCA-21– reg.
MCA vide Circular 2/2024 dated February 19, 2024, informed its stakeholders that the Change Request Form (CRF) has been made available on the V3 portal of MCA-21. This web-based Form is to be used only under exceptional circumstances, for requesting the Registrar of Companies (RoCs), for purposes that cannot be catered through any existing form or services or functionality available either at the Front Office level (users of MCA-21 services) or Back Office level (RoCs).
The Form will be processed by RoCs within 3 days of its filing, after which it will be forwarded to the Joint Director (e-governance cell), who shall process and decide the matter within a maximum time of 7 days.
The link for the aforesaid Circular is as follows:
https://www.mca.gov.in/bin/dms/getdocument?mds=Gdp7pwkWmPucgX1GlBvdSw%253D%253D&type=open