MCA-21 is one of the first e-governance initiative from Government of India implemented way back 2006. MCA 21 has gone through various overhauling process during last 13 years.
In may 2019, Government of India has announced that the Ministry of Corporate affairs is planning to implement a Version 3 for ease of doing process.
“The Version 3 will ease process of filing details as single source of truth will ensure that common information will automatically get updated over various forms. Second, the entire e-adjudication process will go online. This will ensure that nobody is required to go to a RoC. Everything will be on the front-end where entire e-adjudication and then online compliance monitoring would be done. So if anyone is not complying with the law, e-notice will automatically get generated and reach him.”
MCA-CMS PORTAL :
MCA-CMS is an online Compliance Monitoring System (MCA-CMS Portal) implemented by the Ministry of Corporate Affairs for issuing show cause notices and submitting replies from companies / directors for non-compliances under the provisions of Companies Act, 2013.
SHOW CAUSE NOTICE FROM MCA-CMS PORTAL :
MCA-CMS Portal started sending show cause notices for certain violations by email to the Company /Director /Company Secretary.
The Show cause notice will carry a CMS Reference Number such as : F.No. D/RCXXX/XXX/2019/XX/YY-YY.
The notice will carry details of non-compliance under which section the notice is issued for and the timelines for submitting the reply.
The Company is required to serve a copy of the said notice to the directors/KMPs and the notice will be treated as deemed to have been served upon every officers in default of the company in terms of the Companies Act, 2013.
The recipient of show cause notice has to submit reply at the portal referring the CMS Reference Number within 15 days from the date the notice. If no reply is filed by the Company / Director, it will be presumed that the company has nothing to say in the matter and the Registrar of Companies shall initiate penal action for violation of sections referred in the show cause notice.
HOW TO FILE REPLY TO MCA-CMS SHOW CAUSE NOTICE ?
- Logon to the Portal at MCA-CMS Portal and press link Reply for Show Cause Notice.
- You have to input CMS reference Number in the required column.
- An OTP will be sent to the email where the notice is served. Enter the OTP and proceed.
- You will be re-directed to a page where you have to add a reply in not more than 500 words. If the reply is more than 500 words, it is advisable to print the same on Company letter head and authenticated by a Director / Company Secretary and attach the same to the portal as a separate file.
- Also, you can attach the relevant supporting documents as separate files to the portal and submit the reply to MCA-CMS Show Cause Notice.