Some Legal experts has raised question on the sustainability of MCA-21 project carried out by the Ministry of Company Affairs, India. What legal experts are worried about is that MCA-21 in some ways lacking legal backing. Overall responses evaluate the project as premature.
For instance, veteran company secretary Mr N.R. Moorthy of Pune points out that the e-Initiative has no legal backing since the Companies (Amendment) Bill, 2006 laid before the Rajya Sabha is yet to become law. Chennai-based company law expert Mr N.R. Sridharan, however, holds a different view. He says that the Government has notified, by amending the Rules, new forms in the place of old forms.
He says that Section 610A already authorises e-Filing. MCA-21 is in tune with the trends where people look for convenience of filing. In these circumstances, the attempt of the Ministry of Company Affairs is premature, and cannot be sustained if it is challenged.
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