19 August 2023
Subject: Query regarding an E- Form DIR 12 filed on Version 2 of MCA portal. A private Limited Company's E- Form DIR 12 is stuck with RD, and the status of same has not been updated since the last 11 months even after raising complaints and mails to the RD the only response received is to wait for the form to get updated by RD. The form was submitted on September, 2022 and status of which was referred to RD and yet no response had been provided, due to pendency of this form, MCA is not allowing the company to file another DIR 12 form in Version 3 portal. Many previous complaints filed by the company were closed but no action had been taken in respect of the same, Please provide a relevant solution for this issue from your end.
06 July 2024
Dealing with a stuck E-Form DIR 12 can be frustrating, especially when it prevents further filings. Here are steps you can take to address this issue:
1. **Follow Up with MCA**: Continue following up with the Registrar of Companies (RD) and MCA through official channels. Since you've already raised complaints and sent emails without satisfactory resolution, it's crucial to persist in your communication. Document all communications, including complaint numbers and responses received.
2. **Consider Legal Remedies**: If the delay persists and impacts your business operations, consider seeking legal advice. A legal professional specializing in corporate law can assist in drafting a legal notice to the RD and MCA, demanding action within a specified time frame.
3. **Approach Professional Bodies**: Contact professional bodies or associations related to company law or corporate governance. They may have resources or contacts within MCA that could help escalate your case.
4. **RTI Application**: As a last resort, consider filing a Right to Information (RTI) application. This can be used to obtain information on the status of your E-Form DIR 12 and the reasons for the delay. MCA is generally responsive to RTI queries as per statutory requirements.
**Alternative Portals or Methods**: Explore if there are alternative ways to file the form, such as through a different version of the MCA portal or through a professional intermediary who may have direct access to MCA officials.
**Engage with Professional Help**: Engage a professional chartered accountant or company secretary who may have experience dealing with such issues. They could provide insights or contacts within MCA that might expedite the process.
In summary, persistence is key in resolving bureaucratic delays with MCA. Document all interactions, explore legal options if necessary, and leverage professional networks to escalate your case effectively.
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