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SHORT SUMMARY

MCA has launched 56 forms of Companies Act, 2013 on its V-3 portal w.e.f. 23rd January 2023. There are many changes in the process of filing, information required to mention in forms, attachments of the forms etc.

In this editorial author shall discuss some FAQs in relation to MCA V-3 Portal (specifically for 56 forms launched by MCA on 23.01.2023).

FAQs/Clarification on MCA V-3

Question and Answers

Que 1: What if Any of these 56 forms are in resubmission on 7th January 2023 (except Spice Part B)? (DG)

Ans 1: As per update appearing on MCA Website, all the stake holder advised that no such form should be pending for resubmission.Therefore, one can opine that out of 56 forms (except Spice Part B) if any form was on resubmission on 07.01.2023 the Company have to file fresh form on MCA V-3 (DG)

Que 2: What if any Name is under Resubmission Status on MCA V-2 Portal?(DG)

Ans 2: As per answer to question No 1. MCA has not given any exception to RUN (name approval form) for resubmission in V-3. However, in todays webinar MCA has said Spice Part B shall be allow to resubmit.(DG)

Que 3: What will be the solution of Incorporation form (Spice Part B) pending for resubmission? (DG)

Ans 3: As per today's webinar they have confirmed that they are in process of migration of SPICE Part B form on MCA V-3 portal which are in resubmission.

Que 4: What will be status of incorporation forms (Spice Part B) pending for approval in V-2 Portal? (DG)

Ans 4: Such Spice Part B shall be approved or sent for resubmission as general process. The only difference now resubmission shall be done on MCA V-3 portal instead of MCA V-2 portal.

 

Que 5: Whether it is mandatory to create separate ID of each person on MCA V-3 for Registration of DSC?(DG)?

Ans 5:As per MCA V-3 Portal:(DG)

  • A Separate ID required to create for each person for registration of his DSC.
  • DSC shall be registered from Business User Account only.
  • One ID shall be use for register of DSC of one person. Whose ID has been created.
  • Now Professional have to maintain the data of ID and Pass of Director MCA ID.

Que 6: Where can we see mini dashboard in spice part A?(DG)

Ans 6:In v3 portal click on my application. Locate your SRN number and scroll right after it appears download and Mini Dashboard. (DG)

Que 7: Whether Companies can be Incorporate with Register User ID? (DG)

Ans 7: As per FAQ's issued by MCA, Companies can be Incorporated with Registered User ID.(DG)

However, To Incorporate New Company on MCA V-3 Portal it is mandatory to Register DSC of all the Subscribers and Directors on MCA V-3 Portal

Que 8: If Due Date of Any form out of 56 forms (except Incorporation) form falls between 07-01.2023 to 23.01.2023, what shall be extended due date for such forms?(DG)

Ans 8: As per notification issued by MCA on 06.01.2023, if Due Date of any 46 forms falls b/w 07-01.2023 to 23.01.2023 then such form can be file in next 15 days.(DG)

Example:

  1. If Due Date of MGT-14 was 19th January 2023 then such MGT-14 can be file till 03.02.2023 [19.01.2023+15].
  2. If Due Date of INC-28 was 21.01.2023then such INC-28 can be file till 03.02.2023 [21.01.2023+15].

Que 9: If DSC of Directors are already registered on V-2 portal. The are incorporating new Company on MCA V-3, Whether DSC required to registered again on MCA V-3?(DG)

Ans 9: Even if the DSC already registered on MCA V-2. It is required to registered again on MCA V-3 portal by creation of New Business User ID.(DG)

Que 10: If a Name of Company is already approved in MCA V-2 then what are the factors to be consider while Incorporating Company on V-3?(DG)

Ans 10: Following points shall be keep in mind:(DG)

  • To convert the MCA V-2 ID (from whom name approved) in MCA V-3 ID.
  • MCA V-3 ID Register/ Business User any can be used (DG)

Que 11: When the name gets approved in Spice+ Part A on V-2 Portal. What is the process of filing of Part B at MCA V-3 Portal?(DG)

Ans 11:Click on 'Mini Dashboard' tab available against Spice+ Part A SRN displayed on the Dashboard. This will enable the Part B section of Spice+ form.

So, all the Names approved in in V-2 Portal shall be available for filing on MCA V-3 Portal.(DG)

 

Few New Features

E DIR-2 - Appointment of Director (DG)

The DIR-2 has been removed from attachment of DIR-12. Instead of attachment now: (DG)

  • A check box at the end of form shall be there to cover the DIR-2; and
  • DSC of person getting appoint shall be affix on DIR-12 along with DSC of Director and professional. (DG)

INC-22 - Register Office (DG)

Now while shifting the registered office, it is mandated to attach:

  • Photo of Registered Office External Building; and
  • Photo of Inside Building with one director/ KMP who is signing the form in Inc 22.

Appointment of New Director in case of Disqualification (DG)

In case all the Directors of Company disqualified there is no need to appoint director from Backend. Now, new director can appoint by filing of DIR-12. Therefore, No need to go to ROC and RD office for this process.

Some small Questions received from Gyan Gurukul Members

i. Is there any option in v3 to download and then fill the form?

No, there is no option in V-3. All the forms are web-based in V-3.

ii. How to check mail id used in the V2 profile?

User have to Log in the MCA ID and check the Mail id in Profile option.

iii. If We are having V3 id for LLP filling. Are We required to register V3 again for Company filling?

In case V-3 id created in category other than LLP then such ID can be use even for the filing of form of Company also.

Some Important point from the Today's (23.01.2023) Webinar:

  1. Some of the Name approved in V-2 not appearing on V-3 portal. As per the officials in webinar it will appear in next 2-3 days. As the data is heavy taking time in migration.
  2. Some of the SPICE Part B (Incorporation form) which are under resubmission in MCA V-2 portal not appearing on V-3 portal. As per the officials in webinar it will appear in next 2-3 days.
  3. Many persons are not able to access "Mini Dashboard". As per the officials in next 2-3 days it will appear in all ID's.
  4. INC-24 file for Change of Name shall be now "STP" Mode.

  

Published by

CS Divesh Goyal
(Practicing Compnay Secretary)
Category Corporate Law   Report

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