ICSI representation to MCA on relaxation of time period for resubmission of forms in LLP v3 Module

The Institute of Company Secretaries of India (ICSI) has made representation with the Ministry of Corporate Affairs (MCA) highlighting practical difficulties being faced by the stakeholders with regard to the submission and resubmission of LLP E forms on MCA-21 V3 Platform

The ICSI has requested Shri Rajesh Verma, IAS Secretary,  Ministry of Corporate Affairs to grant relaxation of time period for resubmission of forms in the LLP v3 Module.

Further, the ICSI has also requested to allow waiver of additional fees for various LLP Forms upto 30.05.2022; and waiver of additional fees for Form 11 i.e. Annual Return of LLP upto 31.07.2022.

Text of the Representation is Given Below:

Shri Rajesh Verma, IAS Secretary

Ministry of Corporate Affairs

Government of India

Shastri Bhawan

Dr. Rajendra Prasad Road

New Delhi -110001

Respected Sir, 

Subject: Request for relaxation of time period w.r.t. Resubmission of forms in LLP V3 modules 

This is with regard to the initiative of the Ministry of Corporate Affairs (MCA) towards digital transformation from MCA-21 V2 to the next stage of the MCA-21 V3 platform launching the LLP Module of filing.

In this regard, we wish to bring to your kind notice the practical difficulties being faced by the stakeholders with regard to submission and resubmission of forms as the system is new and therefore, there are few technical issues on the MCA-21 V3 portal:

• As a normal process, LLP e-forms arc returned back to respective stakeholders for resubmission for removing discrepancy within given time-limit. However, since MCA-21 V2 got shifted to V3 modules, the stakeholders are unable to resubmit the forms after correction within the prescribed timelines. Thereafter, the time given for resubmission expired resulting into expiry of respective SRNs, resulting in defaults. This has affected the registry and the event (resubmission) cannot been reported to the Ministry.
• In some cases, although web-forms were submitted, the fees pertaining to such forms could not be paid within 7 days of SRN generation leading to SRN cancellation and forms marked for resubmission. Many professionals are also getting emails informing the SRNs being marked as ‘Invalid’ and ‘Not taken on Record’. For such forms, the option of resubmission 1s also not available on the portal.
• In cases of RUN LLP web form, after submission of form, payment is required to be made within 7 days of SRN generation. In case the user does not complete the payment within the said time period, the SRN gets cancelled and the form is marked for resubmission which given the ongoing technical issues is a challenging task. As per Rule 36(9) of LLP Rules, 2009, such document may be rectified only through fresh filing with payment of fee and additional fee, as applicable, without prejudice to any other liability under the Act.

The system is new and there are few data related issues in filing of routine forms like Form 11. The Institute has been sending all the technical issues faced by the professionals while filling up and uploading of the Forms under LLP.

In view of the above issues and concerns, we request you to kindly:

• grant relaxation of time period for resubmission of Forms for easing the stakeholders in this transition period to the new V3 Module;
• allow one time opportunity for resubmission of forms which are NOT TAKEN ON RECORD;
• allow waiver of additional fees for various LLP Forms upto 30.05.2022; and
• allow waiver of additional fees for Form 11 i.e. Annual Return of LLP upto 31.07.2022

We hope that the above submission would be considered favorably.

We shall be pleased to provide any further information in this regard on hearing from your good self.

For an Official Copy of the Representation Download the PDF Given Below: