ICSI Requests MCA to grant exemption from delayed filing fee for charge related forms under MCA-21 V3

The Institute of Company Secretaries of India(ICSI) has requested MCA Secretary Tarun Bajaj to exempt the delayed filing fees for charge-related forms under MCA-21 V3.

Institute want to seek attention towards that Ministry of Corporate Affairs has rolled out 9 forms in the first phase of MCA-21 V3 on 31st August 2022, viz. DIR3-KYC Web, DIR3- KYC E-form, DPT-3, DPT-4, CHG-1, CHG-4, CHG-6, CHG-8 & CHG-9. Amongst these, there are 5 charge related forms.

In terms of the provisions of Chapter VI (section 77-87) of the Companies Act, 2013 in case certain charge related forms are not filed within the stipulated time, an additional fee or ad Valorem fee would be charged as prescribed in the Companies (Registration Offices and Fees) Rules, 2014.

Recently, as per the MCA communication, company e-Filings on the V2 portal were disabled from August 15, 2022, till August 31, 2022, for these forms. In this regard, various technical issues have been reported by professionals. Some of these issues are placed hereinbelow:

1. User Registration /Login issues:

i) Users are not able to convert into ‘Business User’

ii) In case of multiple IDs, one ID is to be canceled by the back-end team

iii) Users are not able to Login at V3 portal

iv) Appearance of following messages:

i) A user account already exists with the PAN provided. Please try to log in.

ii) A user account already exists with the Membership number provided. Please try to log in.

iii) Please file Form DIR -6 to update the address/mobile no. Email ID.

2. Form CHG-1 related issues:

i) Form is not appearing in View Public Documents

ii) Particulars of Charge are not appearing in MCA Index of Charges

iii) Certificate of Registration of Charge is not generated

iv) Form is not getting downloaded

v) 1st page is getting saved, but 2nd and 3rd pages are not getting saved.

vi) While filing form, message appears – “Signatory is not registered”

vii) DSC validation failure in Form CHG-1

viii) Users are unable to submit Form CHG -1.

3. Charge ID association:

While filing Form CHG- 4, after entering charge ID and clicking on pre-fill button, the message appears that “Charge ID is not associated with the company”.

4. Other issues:

In form CHG-1/CHG-4,

i) Users are unable to pre-fill CIN

ii) Email ID is prefilled as null

iii) Registered office address is also not getting pre-filled.

Given these issues, amongst others, professionals are facing difficulties in meeting deadlines pertaining to filing of charge related forms.

Keeping in view the technical difficulties being faced by the stakeholders, we request your goodself to kindly consider granting exemption from delayed filing fee for these 5 charge related forms, i.e., Form CHG-1, CHG-4, CHG-6, CHG-8 & CHG-9 till October 15, 2022.

For Official Representation Download PDF Given Below: