Prepare a note on pre-certification.

Pre-certification refers to the certification of correctness of any document by a professional including Company Secretary in Practice, before the same is filed with the Registrar in terms of the requirements of the Companies Act, 2013. Pre-certification was introduced to avoid registration delays and eventually evolved to check correctness of documents filed by professionals. The professional checks the correctness of the particulars stated in the prescribed forms and after due consideration of the provision of the Act and the Rules made thereunder. He also ensures that the particulars stated in the form are in agreement with the books and records of the company. If he notices any defect or finds that the information provided in the form is incomplete or defective, he appropriately advices / provides guidance for completion of documentation/ rectification of defect and makes pre-certification only after completion of documentation/ rectification of such defects. Pre-certification acts as a pre-emptive check to ensure that the particulars stated in the form or return are as per the books and records of the company and are true and correct. This would mean that the Registrar can rely on the certification of the Company Secretary in practice and may take the document on record without further examination. Thus, Pre-certification by a Company Secretary in practice ensures that no form or Return is filed in the Office of the Registrar of Companies which is defective or incomplete. The introduction of pre-certification by an independent professional in the e-form is aimed at self-regulation of companies and to reduce the involvement of government machinery, i.e. the Registrar of Companies. Once an e-form has been pre-certified by a professional towards its authenticity based on the particulars contained in the books of accounts and records of the company, the same can be taken on record without further examination. If a professional gives a false certificate or omits any material information knowingly, he is liable for punishment under the provisions of the Act as well as liable for professional and / or other misconduct under the Company Secretaries Act, 1980.