Use of digital signatures on behalf of authorised signatories/company by practising professionals - Companies Law - HQ 79/2006.

Use of digital signatures on behalf of authorised signatories/company by practising professionals Circular No. HQ 79/2006, dated 16-10-2006, issued by Ministry of Company Affairs 1. As you are aware that the Companies Act, 1956 empowers only the authorised signatories of the company to file e-forms/documents on behalf of the companies. After mandating electronic filing using digital signatures from 16-9-2006, all filings should necessarily be signed by the authorised signatories only. Any other person facilitating filing using their own digital signature on behalf of the authorised signatories/company either by means of power of attorney or obtaining a disclaimer certificate does not hold good in the eyes of law and it would mean an act of impersonation. In spite of clear instructions in this regard on the MCA 21 portal and a notice to all the members through the professional institutes, it has come to the notice of the Ministry that some professionals are still practicing this facilitation. 2. It is again requested that the Ministry s notice dated 22-8-2006 may be given wide publicity amongst your members through the Institute s journals and also through website and bring to their notice specifically that any practising professional indulging in this practice will invite disciplinary action from the Institute under the conduct rules besides proceedings for impersonation under the appropriate law.