e-Filing

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e-Filing A way to e-Governance Are You
Ready? Ministry of Company Affairs Company Law
Reforms MCA21 June 03, 2006 NIRC - ICAI
2
Transformation Approach

• Legal Measures
• Comprehensive revision of Companies Act
• Draft ready for submission
• Administrative Measures MCA21
• Computerization
• Phase 1 covers HQ, 4 RDs and 20 RoC Offices
• OL operations to be taken up in Phase 2 as an
  independent project

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Solution Overview

• Architecture
• Facilitation Centres OR Physical Front Offices
  (53)
• Back Offices (25)
• Infrastructure
• Data Centre at Delhi
• Disaster Recovery Centre at Chennai
• Government Secure Repository at Delhi
• Project Implementation in 60 weeks
• Coimbatore 18 Feb-2006
• Delhi 18 Feb-2006
• Mumbai 24 April-2006
• Project operations sustained for six years

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MCA21 Portal Homepage
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Step-by-step Assistance
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Select e-Form
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Download e-Form
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e-Forms Attachments

• Revised Forms Simplified for ROC, RD and HQ
• Reduction from 75 Forms to 60 e-Forms
• Elimination of repetitive data in restructured
  e-Forms
• Further reduction of forms will impact legal
  compliance and stakeholder interests
• Usability review done by professional bodies
• Online or Offline form filling
• Use Acrobat Reader for filling signing
• Facilities on e-form
• Pre-fill
• Pre-scrutiny
• Attach Document
• Multiple modify before submit
• Digitally sign

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Sample e-Form

• Offline Form Fill
• Free Software
• Auto Pre-fill
• Auto Pre-scrutiny
• Easy Transmission
• Digital Signature Protected

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Sign e-Form
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System Calculates Fee
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Payment Modes

• Traditional Challan Based (GAR 7) at Authorized
  Bank Branch
• Cash
• Draft/Cheque
• Online
• Direct Debit (Internet Banking)
• Credit card
• Mastercard
• Visa

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Select Payment Option
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System Generates Filled Challan
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Banks Branches

• 200 Branches of Five Banks
• State Bank of India
• Punjab National Bank
• Indian Bank
• ICICI Bank
• HDFC Bank
• 22 Branches in Delhi/New Delhi
• PNB 14
• SBI 4
• HDFC Bank 3
• ICICI Bank 1

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Digital Signature Certificate (DSC)

• Need for DSC on electronic forms and attachments
• Authenticity
• Integrity
• Non-repudiation
• Procure Individual Category DSC from any
  Licensed CA as per IT ACT 2000
• Single DSC suitable for multiple roles
• Requirement for DSC procurement
• Photograph
• Proof of Identity
• Passport, Voters ID, PAN, Ration card No.
  Driving License. etc.
• Proof of Residence
• Phone bill, electricity bill etc.

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DSC Certifying Agencies

•  

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Completion of e-Filing

• Submit only through portal, DO NOT email
• Transaction Completion automatically after Bank
  authorization (online offline)
• Stamp Duty Will be paper based until integrated
  mechanism (work in progress) is finalized
• Re-submission of Documents
• Re-submit the form using re-submit button on
  Portal
• Provide original Service Request Number
• New Service Request Number will be provided
• No need for additional fee payment
• Help Desk

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Prototype of Stamp Paper
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Facilitation Centers (PFO)

• 53 PFOs nation wide, including 4 during peak
  filing at the metros
• Self-Service Assisted and kiosk based filing
• Customer Service Agent Assisted filing
• Scanning Services Scanning attachments to PDF
• Query and view document services
• Queue Management System based on tokens to ensure
  orderly servicing
• Professional staff
• 1 each PFOs at Chennai SEZ Chennai a Show
  Case PFO

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Back Office Work Management
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Performance Tracking at Back Office
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Public Inspection of Documents

• Appx. Six crore pages to be digitized by the time
  of roll-out
• MoA
• AoA
• Other permanent documents
• Subsisting charge documents
• Previous 2 years annual statutory filings
• Expected to enrich over coming years
• Index can be viewed before selection
• View documents through Internet
• Payment of prescribed fees is necessary
• Three hours from start time, multiple connects
• Download/print of documents disallowed

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Certified Copies

• Submit request at MCA21 portal
• Acknowledgement from portal on successful
  submission
• Physical collection on or after a specified date
  as indicated in transaction acknowledgement
• Mailing option is also being explored after
  system is fully operational

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Investor Grievances

• Standardized form developed for filing investor
  grievances
• Attempt to consolidate the grievances by
  categories of complaints and provide feedback to
  companies
• Methodology helpful to
• Help companies to do root cause analysis and take
  necessary corrective action
• Enable responsiveness to the complainant

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Preliminary Steps For e-Filing
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Director Identification No. (DIN)

• Existing and new directors 2 months from launch
• Quoting DIN in future e-forms mandatory
• Fill-in a simple online DIN application from
• Generate print out (DIN will be generated)
• Attach photo, sign and attest form
• Attach identity and address proof
• Dispatch to a nodal center
• DIN will be activated upon receipt
• Detail guidelines published on website
  www.mca.gov.in
• DIN Can be obtained independent of DSC
• Intimate to all companies in which you are
  directors

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Registration

• Who registers?
• All users
• Authorized representatives
• Directors
• Professionals
• Personalization feature included in design
• Functionality will be evolved
• All DSCs will need to be registered
• First time
• Multiple DSC
• Renewal

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Company Confirmation

• Company confirms basic company data
• Identifies Director along with DIN
• It is essential that all directors will need to
  have DIN at this juncture
• Simple form made available
• Electronically filed

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Speed and Certainty

• Approach
• Integrated approach that enables seamless
  improvement of both front and back offices to
  increase responsiveness
• Front Office
• Standardized procedure for filing and document
  viewing
• Back Office
• Zero paper Electronic document files
• Integrated electronic workflows for all functions
• Increased processing speeds of all functions
• Benchmarks
• Performance benchmarked against International
  levels
• Drastic across-the-board reduction of service
  time declared in citizens charter
• Streamlined monitoring of routine transactions
  for improvement upon implementation

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Thank You
S Koley FCS, FICACompany Secretarykoley.s_at_gmail.
com011-42433730 9810082385