The MCA has updated on 4th November 2019 relating to the Compliance Management System.
Professionals must be aware that the Ministry of corporate affairs has started a service (www.mcacms.gov.in) Ministry of Corporate Affairs Compliance Management System where any non-compliance is viewed as well as show cause notice is also issued online. The reply towards the SCN is also to be provided online.
What is www.MCACMS.gov.in - Compliance Monitoring System (MCACMS Portal)?
www.MCACMS.gov.in - Compliance Monitoring System (MCACMS Portal) is basically an Artificial Intelligence action which is formed under system in MCA 21 by Ministry of Corporate Affairs for making the compliance procedure simple and to make certain regular enforcement of Compliance requirements under Companies Act. 2013.
MCACMS Portal by Ministry of Corporate Affairs is used for issuing show-cause notices electronically for non-compliances in accordance with the Companies Act, 2013 as well as submitting replies from corporations and directors with their clarifications and submissions. Depending on the replies and submissions, the Register of Companies, Ministry of Corporate Affairs would initiate disciplinary actions for any violations that were referred to in the show-cause notices.
Show cause notice from MCACMS Portal
MCACMS Portal sends show-cause notices for few violations through email to the Corporation /Director / Company Secretary.
The show-cause notice would carry a CMS reference Number like- F.No. D/RCXXX/XXX/2019/XX/YY-YY.
The notice would also contain the details of non-compliances under which section the notice has been issued for as well as the timelines for submitting the reply.
The Corporation must serve a copy of the said notice towards the directors/KMPs and the notice shall be then treated as considered to have been served upon all the officers in default of the corporation in terms of the Companies Act. 2013.
The receiver of showcase notice is required to submit reply at the portal referring the CMS Reference Number in the time period of 15 days from the date the notice. In case no reply has been filed by the Corporation / Director, it shall be presumed that the corporation has nothing to say in that specific matter and the Register of Companies would then initiate disciplinary action for violation of sections as referred in the show cause notice.
Filing reply to MCACMS Show Cause Notice
One must log on to the Portal at MCACMS Portal and link Reply for Show Cause Notice.
The individual is then required to input CMS reference Number in the requisite column.
An OTP would be sent to the email where the notice is served.
Then add the OTP and proceed.
The individual would be directed to a page where that individual is required to add a reply in not beyond 500 words. In case the reply is in excess of 500 words, it is suitable to print the same on Company letterhead as well as authenticated by a Director or Company Secretary and attaches it to the portal as a separate file.
Also, the individual could attach the pertinent supporting documents as separate files to the portal as well as submit the reply towards MCACMS Show Cause Notice.
MCA-21
MCA-21 is the first e-governance initiative from Government of India executed in the year 2006. MCA-21 had experienced much overhauling procedures during the last 13 years.
In May 2019, Government of India had announced that the Ministry of Corporate Affairs is planning towards implementing a Version 3 for ease of doing the procedure.
Version 3 would make easier the procedure of filing details as a single source of truth would make certain that common information shall automatically get updated over various forms. Secondly, the entire e-adjudication procedure would go online. This shall make certain that nobody is required to go to an RoC. Everything would be on the front-end where entire e-adjudication as well as then online compliance monitoring shall be done. So if anybody is not complying with the law, e-notice would automatically get generated and reach to the individual.
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