A few days ago, ICSI sent a mail to all the member of ICSI regarding giving the inputs to be included in the check list of various forms while pre-certification of E-Forms by the Practicing Professionals and the difficulties faced while pre-certification of forms by the Practicing Professionals. As the ICSI is proposing to issue Reference on Pre-Certification of E Forms to serve as guidance for Practicing Members, hence ICSI has invited the suggestion from all the members. In this process, I have raised some points and sent the same to ICSI. Some of which are as follows:
There are some E Forms which we usually gone through like E Form 18, 32, 2 etc.
1. As per Form 18, we have to attach the Rent Deed, if on rent or Declaration from the Director if the office is not on rent/ Lease. And a Practicing Professional who is signing the E Form 18, have to tick the checkmark that he has personally visited the office building and checked that the building so exists. Dear Sir/ Madam, in this world of Globalization, where everyone want to capture the work from all around the world, I think it is impossible for a Professional to go personally and see the building of his client, by leaving his/ her Official Regular work aside. Moreover, a Professional may visit the Registered Office address of the company in his own city but it will not be possible for him to go and check in other cities/ States by leaving his regular work apart. In this way, he will either not get the work out of his City/ State and will have to depend upon other Professional of such other city, which is not Practicable. Hence, the solution to this E Form may be to get the valuation report from the Certified Valuer of the concerned City / State where the Registered Office is to establish that whether Building exists or not, what are the areas, what is on left side and what on the right side etc.
2. With regard to Form 32, most of the times, disputes have been seen that the Forge signatures have been put over the Resignation letter and have been filed simultaneously. Here, the Professionals just look over the Checklist i.e. resignation letter, Board Resolution and the Minutes copy which again can be forgery prepared. And in all this condition, Professional has to suffer as the Director with whom fraud has been done, claims that the Professional who has signed the E Form 32, is also a apart of Fraud. So to avoid this one suggestion I can give here is that the Director who is resigning must sign in presence of Professional who is going to affix his Digital Signatures. In such a way, professional will be sure that the signatures are not forge and the Director who is resigning will give all his particulars to Professionals along with valid proof.
3. In respect of Form 2, Professionals sign the E Form 2 on basis of Letter of Allotment, Certified true copy of the resolution and extracts of the meeting. Along with this, a letter from Bank Manager/ Official Clerk must be attached that a particular amount has been received from such person or from Personal account of the Director in such bank account OR as Compulsory attachment to E Form 2 must be there i.e. an attachment of a proper statement, given by the company, exhibiting in serial order that from whom a particular amount has been received in respect of share application, on which date the amount had been received, payment has been received in cash or by cheque etc.
4. Too much emphasis must be given over the Digital Signature Certificate. Like once the Digital Signatures have been registered, these should be registered again until the validity of such DSC expires. And in case, the director misplaces his signature before the expiry must write to the MCA so that the earlier registered Digital Signatures must be removed and the new one should be registered.
Conclusion:
From the above points, I just want to bring into the minds of esteemed Professionals that there are a still lot other things to be kept in mind while Pre-Certification, which should be sent to ICSI so that Professionals should file the E Forms with proper care and quality services should be given to clients. So, the view points of other esteemed Professionals are awaited at this TaxGuru Platform and should be sent to ICSI.
Regards
CS Mohit Saluja
Mohit Saluja & Associates
Company Secretary in whole time Practice
Jalandhar
Email id: csmohitsaluja@gmail.com
Tags :Corporate Law
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