ICSI Representation to MCA: Key Practical Challenges Faced by Companies and Professionals

The Institute of Company Secretaries of India (ICSI) on March 16, 2026, submitted a representation to the Ministry of Corporate Affairs (MCA) and the Department of Revenue, highlighting many practical challenges being faced by experts and companies. The following are the issues:

1. Conversion of Private to Public Company

There is confusion about when the conversion actually becomes effective, whether it is from the date of application or when the Registrar of Companies (ROC) approves it. This lack of clarity can create legal problems.

2. Shifting Registered Office (within state)

Even when a company shifts its office within the same state, approval from the Regional Director (RD) is sometimes required just because the ROC jurisdiction changes. This makes the process unnecessarily complicated.

3. E-Filing vs Physical Documents

Even though systems are digital now, authorities are still asking for paper documents in some cases, which defeats the purpose of e-filing and adds extra work.

4. BEN Forms

Many companies faced delays in filing these forms, especially after the COVID-19 disruptions. ICSI is proposing an Amnesty Scheme so companies can file without heavy penalties.

5. Section 122(8) Proceedings

Sometimes, penalties are applied simply because official notices were undeliverable. This practice brings up questions of fairness, since the companies in question might not have even seen the notice.

6. Stamp Duty on Securities

There is confusion between different authorities, which can lead to double payment of stamp duty and unnecessary legal battles.

For more information, refer to the official PDF: