Filing statutory e-forms on the MCA portal is a core compliance requirement for every company registered under the Companies Act, 2013. However, many companies underestimate the importance of accuracy while submitting these forms. Even small errors can lead to serious consequences, including a ROC penalty for incorrect filing of statutory e-form.
The Registrar of Companies (ROC) closely scrutinises filings to ensure transparency, accountability, and correct financial reporting. Incorrect information, wrong attachments, or careless data entry can trigger penalties under applicable rules.
What Is Incorrect Filing of a Statutory E-Form?
Incorrect filing of a statutory e-form refers to submitting forms on the MCA portal with inaccurate, incomplete, or misleading information. This may include wrong financial figures, incorrect dates, invalid attachments, mismatched data fields, or improper certification.
Such errors compromise the reliability of corporate records and can mislead regulators and stakeholders. Therefore, the MCA treats incorrect filings as a compliance lapse rather than a technical mistake.
Legal Provisions Governing Statutory E-Form Accuracy
The responsibility for accurate filings is clearly laid down under Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014. This rule states that the authorised signatory and the professional certifying the e-form are responsible for ensuring that all details and attachments are correct and complete.
In case of a violation, penalties may be imposed under Section 450 of the Companies Act, 2013, which applies when no specific penalty is prescribed for the offence. This makes the ROC penalty for incorrect filing of statutory e-form legally enforceable.
Common Mistakes That Lead to ROC penalty for incorrect filing
Many companies unknowingly commit errors that later result in penalties. These mistakes often include incorrect financial data, wrong AGM dates, missing or invalid attachments, incorrect classification of figures, and filing forms without proper verification.
Another frequent issue is reliance on automated or hurried filings without a thorough review. Since MCA filings are legal declarations, even typographical errors can be treated as non-compliance.
Liability of Directors and Authorised Signatories
One critical aspect companies must understand is that liability does not stop with the company alone. Directors and authorised signatories can also be held personally responsible for incorrect filings.
In many cases, the ROC clearly specifies that penalties imposed on directors must be paid from their personal funds. This highlights the seriousness of statutory compliance and the importance of due diligence before submitting any e-form.
Consequences of Incorrect MCA E-Form Filing
The immediate consequence of incorrect filing is the ROC penalty for incorrect filing of statutory e-form. In addition to monetary penalties, companies may be directed to file corrected forms within a specified timeframe.
Repeated non-compliance can lead to increased scrutiny, reputational damage, and difficulties during audits, funding, or regulatory approvals. In extreme cases, it may also affect the company’s compliance rating on the MCA portal.
How Companies Can Avoid ROC penalty for incorrect filing
Preventing penalties starts with a strong compliance culture. Companies should ensure that all statutory e-forms are reviewed carefully before submission. Cross-checking figures with audited financial statements, verifying dates, and ensuring proper attachments are essential steps.
Engaging qualified professionals, maintaining internal compliance checklists, and allowing sufficient time for filing can significantly reduce the risk of errors. Accuracy, not speed, should be the priority in MCA filings.
The ROC penalty for incorrect filing of statutory e-form serves as a clear warning that statutory compliance is a legal responsibility, not a procedural formality. With increasing digitisation and scrutiny by regulators, companies must adopt a disciplined and cautious approach to MCA filings.
Ensuring accurate, complete, and timely statutory filings not only helps avoid penalties but also strengthens corporate governance and regulatory trust.
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