Distinguish between 'Informational services' and 'approval services (Registrar of Companies)' for categories of e-forms.

CS Executive · Company Law · PYQS · June 2016
Distinguish between 'Informational services' and 'approval services (Registrar of Companies)' for categories of e-forms.

Answer & Explanation:

Distinction between 'Informational Services' and 'Approval Services' for e-forms Basis of Distinction Informational Services (e-forms) Approval Services (e-forms) Nature of Filing These e-forms are filed primarily for providing information, intimation, or notice to the competent authority (Registrar of Companies - RoC, or Ministry of Corporate Affairs - MCA). These e-forms are applications that require explicit approval, permission, or confirmation from the competent authority (RoC, Regional Director - RD, or MCA). Purpose To keep the regulatory authority updated about certain events, changes, or compliance details that have occurred within the company. The filing itself completes the compliance requirement for that specific event. To seek permission or confirmation from the regulatory authority before a certain action can be taken or a status can be changed. The action is contingent upon receiving approval. Outcome The e-form is processed and taken on record by the RoC. No explicit approval or rejection is typically issued, as the purpose is merely to inform. The e-form is scrutinized by the authority, and a decision (approval, rejection, or clarification request) is communicated to the applicant. The process is complete only upon receipt of approval. Examples of e-forms INC-20 (Declaration of commencement of business) INC-28 (Notice of order of Court, Tribunal or other authority) Form 35A (Declaration of satisfaction of charge) MGT-14 (Filing of resolutions and agreements) INC-6 (Application for conversion of OPC to Private/Public Company) INC-24 (Application for change of name) MSC-1 (Application for obtaining status of dormant company) MSC-4 (Application for seeking status of active company) GNL-1 (Form for filing of documents with RoC) FTE (Form for striking off name of company) Processing Time Generally faster, as it involves recording information rather than detailed scrutiny for approval. Can take longer, as it involves examination of facts, compliance with rules, and decision-making by the authority.

Topics: E-Governance

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