20 September 2022
In Form DIR-12 for Appointment of CS the error shows, "company secretary is having a certificate of practice number issues by ICSI." However, as per ICSI record COP is cancelled and ICSI sent the details of Membership to MCA but MCA not updating the details, so i am unable to file Form DIR -12. what should i do?
07 July 2024
If you are facing an issue with filing Form DIR-12 due to the discrepancy in the status of the Company Secretary's Certificate of Practice (COP), here are steps you can consider:
1. **Contact ICSI for Confirmation**: Reach out to the Institute of Company Secretaries of India (ICSI) to get a formal confirmation regarding the current status of the Company Secretary's membership and COP. Ensure that you have updated information on whether the COP is cancelled or if there are any pending updates to be processed by MCA.
2. **Documentary Evidence**: Gather all relevant documentary evidence from ICSI regarding the status of the COP and the Company Secretary's membership. This might include any communication from ICSI indicating the cancellation of COP and details sent to MCA for update.
3. **Communicate with MCA**: Submit a formal request or complaint to the Ministry of Corporate Affairs (MCA) regarding the issue. Provide them with the updated information from ICSI and request them to update their records accordingly.
4. **Follow-up with MCA**: If there is a delay or if MCA requires further documentation, follow up promptly to expedite the process. Keep track of all correspondence and document exchanges for future reference.
**Alternative Filing Options**: If online filing through the MCA portal continues to be problematic due to the outdated information, consider filing the Form DIR-12 manually. This might involve submitting physical copies of the form and supporting documents directly to the concerned Registrar of Companies (RoC).
**Consult with Professionals**: If the issue persists or becomes complex, it may be beneficial to seek advice from a company secretary or a legal professional who is experienced in corporate law and filings with MCA. They can provide guidance based on the latest regulations and assist in navigating through the process effectively.
Ensuring that all regulatory requirements are met and that the information provided to MCA is accurate and updated is crucial to avoid delays or complications in corporate governance and compliance.
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