Unable to register digital signature - mca website(www.mca.gov.in)
Bharath. CV
(Querist) 24 July 2015
This query is : Resolved
Dear Friends,
As per new provisions of Companies Act, an Advocate can also digitally sign incorporation documents. But Ministry of Corporate Affairs (MCA) is not yet provided this facility to register Advocate's digital signature as professional. I have lodged a complaint with them to rectify this issue 2 weeks ago, still they have not responded.
Please guide what action can be taken further to get this done.
Regards,
Bharath
DR.VEDULA GOPINATH
(Expert) 25 July 2015
dear learned colleague Bharat
You are very right sir.
As per even earlier company law, advocate is eligible to incorporate a company.
MCA should urgently do the necessary exercise.
If necessary Bar Council can be approached in the matter.
You will be astonished to know that the definition of Company Secretary under the amended Act of 2013 says that company secretary is supposed to know all the laws.
Now ICSI and Govt. introduced secretarial audit which is nothing but LEGAL AUDIT or due diligence.
In a way it is an intrusion into the practice of advocates.
Thus Bar Council may kindly prevail upon Government to introduce LEGAL AUDIT in corporate sector having higher share capital and stock exchange listing.
This will certainly pave the way for preventing scams such as Satyam scam, apart from giving encouragement to junior advocates fraternity
Please share your thoughts with me
regards
yours in legal fraternity
dr vedula gopinath
advocate/arbitrator
Rajendra K Goyal
(Expert) 25 July 2015
You should also write to BCI, H Court Bar Council and Ministry of Commerce to take up steps in the matter.
Amritesh Mishra
(Expert) 25 July 2015
Advocates can give declaration on form INC-8 which is not electronic form. they are not entitled to sign any electronic form.
T. Kalaiselvan, Advocate
(Expert) 01 August 2015
