Request to simplifying the form filing process on new MCA/LLP portal of Ministry of Corporate Affairs

The BJP Business Cell has requested Smt. Nirmala Sitharaman to simplify the form filing process on new MCA/LLP portal of Ministry of Corporate Affairs.

The Copy of Representation is Given Below:

Smt. Nirmala Sitharaman
Minister of Finance and Corporate Affairs
Government of India
New Delhi

Sub: Request for simplifying the form filing process on the new MCA/LLP portal or the Ministry of Corporate Affairs

Dear Madam

Sadar Vande!!!

With a constant effort to improve digital performance, reduce errors, and upload information on a real-time basis, the Ministry of Corporate Affairs (MCA) recently introduced a web-based form filing process to facilitate a seamless compliance system.

However, contrary to the objective for which the new utility and website were designed, stakeholders (such as Company Secretaries and Chartered Accountants) brought numerous issues/concerns/suggestions before the BJP Rajasthan Vyavsayik Prakoshth. The concerns are sun1marised as follows:

“In the MCA21 V2 version (earlier process), offline facility to prepare the e-forms and validate the same through digital signature was available and the overall process of compliance and filing was easier and swifter. However, the introduction of the new process i.e MCA21 V3 requires a system sign-in, entering the data and subsequently carrying out the form downloading and validation followed by uploading to the Ministry’s server. Though futuristic in theory, the functionality has created many challenges due to operational gaps such as issues in sign-in, abrupt sign-outs, increased upload time, and bugs often causing system errors. This has delayed the compliance and filing process and has also appended additional fees/penalties on the parties. On an overall basis, it has led to hampering the otherwise smooth process of incorporating LLPs.”

In addition to the above, MCA21 V3 is feared to create numerous additional issues in the future, which are described as follows:

1. The MCA/LLP portal is expected to witness an unprecedented amount of traffic as web-based functionality will carry out each work through web-based code. This will slow down the system’s pace, and subsequently, a lot of time would be spent on system-related issues.

2. The overall dependency on the portal shall increase as even the smallest of changes would have to be made through the web-based mode only, which could be easily made offline, and information can be uploaded on the portal.

3. The overall usage of third-party software and programs would be eventually eliminated.

Madam, the solutions to the above issues could be taken from the functionality of the Income Tax Portal, wherein an offline working option is available through XML files, and usage of third party software is also facilitated, hence thrusting ahead the Digital India mission of the government. MCA can also introduce a similar process regarding forms and other compliances for LLPs along the same lines.

Since the new system has hampered new incorporations and other general compliances related to LLPs, immediate steps would be required to address the issue to ensure that the stakeholders do not end up paying hefty penalties and late fees with no genuine fault of theirs.

Hence, we reiterate that the points raised before have resulted in a significant loss of time and resources for entrepreneurs and stakeholders. Therefore, we request you to kindly look into the matter and instruct the concerned authorities to ensure a swift resolution of issues.

For any further information/clarification, kindly let us know.

To Read Representation Download PDF Given Below: