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1. What is the setup of MCA?

Ministry of Corporate Affairs (MCA) has the following 3 tier of organizational set-up.

MCA Setup

  • Wherever approval from government of India(GOI) is required in case of functions of citizens, such cases handles by headquarters.
  • RD has been allotted the task of supervision of ROC and it also handles the matters which are delegated by GOI.
  • Whereas ROC handles the bulk cases of citizen based functions.
  • In our country those who are working as official liquidators (OL) and are attached to High Courts there administrative control in under MCA.
  • Currently Smt. Nirmala Sitharaman is the Hon'ble Corporate Affairs Minister and Shri Rao Inderjit Singh is the Hon'ble Minister of state.
  • Top most bureaucrat of this ministry is secretary of Ministry of corporate Affairs.
  • At the headquarters Delhi it has following directors:
  1. 2 directors of Inspection and Investigation
  2. 1 director of Research and Statistics
Information about MCA and MCA21 with latest figures

2. How Government of India is changing the old set ups?

Government is making arrangements in which we don't need to go the respective department/ institution to submit the information/records. The process of e-filing is making this possible and saving lot of resources and time management. Similarly, Ministry of Corporate Affairs enabled the e-filing .MCA has launched this project in which all the services of registrar of companies will be done by this mode. Starting from registration of company, filing of returns and other statutory compliances. Projects like these has given boost to the information technology sector in India. In this project the system has been set up in such a way that it will cater the needs of all stakeholders and public at large.

MCA has provided MCA 21 portal which enables the professionals to do their work from office without visiting to the office of ROC. They have provided the software for the submission of information which is free of cost and which can be downloaded. So, user can do work offline. MCA just stated that user needs to have these basis requirements to do e-filing. User shall have P-4 computer with printer, windows 2000/XP/Vista /7, Internet explorer 6.0 version,Adobe Acrobat Reader (AAR) from version in 9.4 to version 7.5 and digital signature certificate. Official web address of MCA is https://www.mca.gov.in.

Web address

3. Features of MCA21

  • MCA21 is the e-governance initiative of the MCA , if you want MCA services get these on MCA 21.
  • It provides the services on the basis of anywhere and anytime with speed and certainty.
  • It provides easy and secure access of the MCA services to various stakeholders i.e professionals, corporate entities and citizens of India.
  • It fully automated all the processes.
  • It makes the country globally competitive.

Benefits

4. How this mission of MCA21 is executed?

  • All the stakeholders want application system, so first of all application system was developed.
  • For it proper IT infrastructure was set up.
  • How users will authenticate the information, so digital signatures/PKI delivery mechanism and associated security requirements were involved.
  • It was quite obvious that it was new for all, so for help physical front offices(PFO) were set up. They have provided user training to all offices and at levels (PFO,TFO).
  • For peak periods they set up temporary front offices (TFO) so that they can cater almost all users and after that these TFO's will be closed at the end of peak period.
  • New system has legacy data as they migrated it as well as paper documents with digitalization.
  • The process related to official liquidators attached to High Courts not involved in MCA 21.

5. Gist of Benefits from MCA 21

  • Users can register companies at anytime from anywhere.
  • Form and return filing becomes more easy as they have user manuals, FAQs and other relevant information about how to fill the fills/returns.
  • Each user can cross check whether all the compliances has been made.
  • More transparency through E-governance.(As sytem will provide transparent picture, no scope of ambiguity)
  • More authenticate and reliance data due to increase in professionalism.
  • A central database will be built up which will ease in governance.
  • Optimum level of services.
  • Now, documents of public can inspected anytime from anywhere.
  • Registration of charges with verification anytime from anywhere.
  • More speedy grievance redressal.
  • It gives more time and data to the employees of MCA for monitoring and supervision.(as figures stated ahead)
 

6. Features of E-forms

  • Information/data as required in paper form now demaded through e-form.
  • For easy understanding and rememberance, e-forms name has been developed.
  • E-forms names are alpha-numeric.
  • Forms name start with two or three alphabets based on the subject of the chapter, followed by the serial number of the form.
  • Like form INC= incorporation of company and matters incidental thereto, PAS=Prospectus and allotment of secruties, SH=Share capital and debentures.
  • These e-forms are prescribed in the Companies Act, 2013.
 

7. Features of MCA

  • It is the responsibility of ministry of corporate affairs that corporate sector smoothly works in accordance with law.
  • MCA is primarily concerned with the administration of various laws , rules and regulations e. Companies Act, 1956,Companies Act, 2013, Limited Liability Partnership Act,2008 and other allied Acts.
  • To look after the administration of Competition Act, 2002 is also on MCA. So, that there shall be no adverse effect on competition. They should made efforts to maintain competition in the market and ensure the safety of the interest of consumer.
  • MCA exercises supervision over 3 professional bodies, namely, Institute of Chartered Accountants of India (ICAI), Institute of Company Secretaries of India (ICSI) and the Institute of Cost Accountants of India (ICAI). As, these professional bodies as constituted under the separate Act of parliament.
  • Various Autonomous bodies (IICA, NFCG, NFCSR), Statutory bodies (IBBI, NCLT, NCLAT,IEPFA,NFRA, CCI) and attached bodies (SFIO) are under the organogram of MCA.
  • As on 31st October 2021 total number of companies registered in India are 22,48,969. Out of which 780105 companies are closed/liquidated/dissolved. Only 14,29,166 are active companies.
  • There are many dormant companies on which MCA is doing tracking.
  • Companies under liquidation, struck-off, merger and amalgamation.
  • Companies converted into Limited liability partnership or converted into LLP and dissolved.
  • 14,19,887 Companies were limited by shares(then public companies, private companies and one person companies) , 8,972 were limited by guarantee and 307 unlimited companies.
  • Maharashtra has the highest number (4,39,832)of companies in India. Then Delhi (3,72,171) and West Bengal (2,18,729)
  • Maximum companies are in service sector (4,46,504)
  • Users of organizations, such as SEBI, RBI and CBI can request the MCA to provide them with login credentials of an External Agency. By which external agency user can view the public documents without any charge. So, this is possible only due to e-governance.
  • Even bank nodal administrators can also request for login credentials.
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Category Corporate Law, Other Articles by - Jatin Pal 



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