The Institute of Chartered Accountants of India (ICAI) has issued a crucial announcement regarding the incorporation of Companies and Limited Liability Partnerships (LLPs). The Ministry of Corporate Affairs (MCA) has noted instances where practising professionals are not conducting adequate due diligence and verification during these processes. Professionals are reminded to strictly adhere to legal requirements for verifying director details, key managerial personnel, MoA/AoA witnesses, and registered office details to prevent potential penalties.
Corporate Laws Corporate Governance Committee
The Institute of Chartered Accountants of India
28th April, 2022
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ANNOUNCEMENT
Sub: Important Message: Strict Compliance - regarding Verification/ Clar
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FAQ :
The MCA has observed that practising professionals are not always carrying out proper due diligence and verification when incorporating companies or LLPs.
Verification is required for documents pertaining to Directors, Key Managerial Personnel (KMP), witnesses to the Memorandum of Association (MoA) and Articles of Association (AoA), and the Registered Office.
The clarification is being issued by the Corporate Laws & Corporate Governance Committee of The Institute of Chartered Accountants of India (ICAI).
Practising professionals who do not ensure strict compliance with the verification requirements may face penal actions.
The key message is to ensure strict compliance with due diligence and verification procedures for Company and LLP incorporations as per the law.