14 April 2023
Is a Compounding Application filed by a Company in GNL-1 does not go to Public Documents on MCA? Can't find the same on MCA. If Not, is there anyway to procure it?
06 July 2024
When a company files a Compounding Application using Form GNL-1 with the Ministry of Corporate Affairs (MCA), the application itself typically does not become part of the public documents accessible through the MCA website or portal. This is because compounding applications are considered part of the internal regulatory compliance and legal proceedings of the company, rather than being intended for public disclosure.
### Accessing Compounding Application:
1. **Non-Public Availability:** Since compounding applications are not made public by default, you won't find them listed under public documents on the MCA website or portal.
2. **Procurement Options:** - **Through the Company:** If you are associated with the company, you may request a copy of the compounding application directly from the company's authorized representatives or through their legal counsel. - **Through Legal Channels:** In certain legal proceedings or during due diligence processes (e.g., mergers, acquisitions, audits), access to such documents may be granted under legal frameworks, with appropriate permissions and agreements in place. - **RTI (Right to Information):** In some cases, individuals or entities may seek access to such information through the Right to Information Act, though this typically applies to government agencies and public authorities rather than private entities. It's important to note that the MCA, as a regulator, may have specific guidelines on the release of such information.
### Steps to Obtain:
- **Direct Approach:** Contact the company directly or their legal representative to request a copy of the compounding application. - **Legal Channels:** If involved in legal proceedings related to the company, consult with legal advisors to explore options for obtaining necessary documentation. - **RTI (if applicable):** Evaluate the feasibility of using Right to Information (RTI) mechanisms, if the situation aligns with the RTI Act's provisions.
Always ensure compliance with relevant laws and regulations when seeking access to corporate documents, especially those involving legal or regulatory matters.
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