UPGRADATION OF E-FORMS IN THE V3 PORTAL
WHAT IS THE V3 PORTAL OF MCA?
The MCA is in the process of upgrading the present version of the portal from Version 2 to Version 3. This is an enhanced version of the V2 portal and is presently live only for LLP’s as at the date of this FAQ
The V3 portal presently enables the following for LLP’s
• Login & user Registration
• DSC Association
• LLP Form Filing
WHEN WILL COMPANY FORMS BE MIGRATED TO V3?
LLP forms were migrated on March 8, 2022. The date of migration of Company forms to the new Version 3 will be intimated in due course.
WHAT ARE THE MAIN DIFFERENCES BETWEEN V2 AND V3?
In version 2, forms are required to be filled and uploaded in the portal while in V3 the forms are to be filled online. This enables user convenience including the ability to save a half-filled form and file it later
Further in Version 2, there was only a My Workspace which had a list of notices from MCA and circulars issued by them . In Version 3, there is a personalized “My Application” feature.
which allows one to view all the forms filed by them to date along with the status of the forms such as pending for DSC upload, Under Processing, Pay fees, Resubmission, etc When a user logs in to V3, the login is through the email id whereas in V2 it was possible with the user id
When a business user logs in to the MCA system, an OTP will be sent to your mobile and e-mail address to ensure the authenticity of the user.
Who is a Registered User in V3 ?
Registered users comprise any individuals. Such users can only perform 2 functions in the LLP module – RUN Form and fillip form. There is no change in the naming or position of a registered user between V2 and V3.
UPGRADATION OF E-FORMS IN TUNE WITH THE V3 PORTAL:
MCA Notification dated 21.01.2022 contains a list of notifications issued by the Ministry of Corporate Affairs during 2023 for making amendments to the provision of the Companies Act 2013 and Rules made thereunder.
Amendment to Companies (Incorporation) Rule, 2014
The following forms are covered in the recent amendment SPICe+ PART A, SPICe+ PART B, INC-4, INC-13, INC-31, INC-33, INC-34, INC-9, AGILE PRO-S, URC-1.
1.SPICe PART-A: NIC code 2008 introduced with the option of selecting 3 business activities with a 5-digit code.
- FORM INC-3: The name of the person nominated shall be nominated in MOA and such nomination filed in E Form INC-32 (SPICe+) along with Consent, earlier given in Form INC-3 (Substituted).
- FORM-INC-4: A person nominated by the subscriber of OPC may withdraw his consent by giving notice in writing to such sole member and to the OPC in the form of a declaration in Form INC-4.
- The Company in the form of declaration in Form INC-4 can file with the registrar notice of withdrawal and intimation of another person nominated by the sole member within 30 days.
- E-MOA and E-AOA: E MOA (INC-13) and E-AOA(INC-31) were incorporated including in section 8 Company. E-MOA (INC-33) and E-MOA (INC-34). Auto-population of object clause, subscriber, and share capital details from SPICe+ Part A and Part B.
- Capital: Bifurcation of Capital into different classes to be provided.
- INC-14 and INC-15: The requirement of INC-14 and INC-15 as an attachment is omitted.
- FORM No. INC-18: An intimation along with a copy of the appreciation with annexures as filed in Form no. INC.18 with the Regional Director shall also go to the registrar through the MCA system.
- Attachments were removed and information was captured in a machine-readable format.
The requirement of providing the attachment ‘Resolution of Unregistered Companies in case of Chapter XXI (Part I) companies’ in SPICe+ Part B is to be moved to the attachment section of URC-1.
Consent of Members, a declaration from all the members covered under 8(1)(b) and (c), a declaration from directors, and a Certificate from Professionals are removed as an attachment and moved in Form URC-1.
Attachments ‘Consent of majority of members, ‘Consent of at least three -fourth of members agreeing for registration under this part’, ‘Declaration from all the members regarding complianceas per section 8(1)(b) and section 8(1)(c) of the Act and detailed objects of the company have been removed and added as declarations in Form INC-9.
AGILE PRO- S
Mandatory for all Companies.