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charteredaccountantjanakpuri · 2 years

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Recent Changes in MCA portal V2 with New Web- Based V3 Portal for LLPs

The Ministry of corporate affairs (MCA) is primarily concerned with the administration of the Companies Act 2013, the Companies Act 1956, the LLP Act, 2008 & other allied laws, rules & regulations formulated there under, primarily for regulating the functioning of the corporate sector under law.

For the smooth functioning and administration, MCA comes up with relevant changes and developments from time to time. So far, many changes have been taken place in MCA portal for the functioning of various registrations and filings. The MCA was providing facility of setting up business in India, private limited company registration, one person company registration, along with certain procedures to register a new company in India through V2 version of MCA. However, various amendments were made by the Ministry from time to time to bring out important changes in the company formation procedure in India. Recently, the Ministry has introduced new portal for LLP registration in India and come up with the new facilities of web-based services of LLP. In our recent article, we are going to discuss about the recent changes in the version 2 of the MCA Portal and the functioning of new web-based portal. It is advisable to consult a professional if any person has doubts regarding how to set up business in India.

Earlier, Version 2 of the MCA portal was used to file various forms relating to company formation in India and LLPs. However, LLP Services discontinued on the V2 Portal and relocated to the V3 Portal. Only the LLP e-filing services are upgraded and migrated to the MCA V3 portal, and all the other forms/ services relating to pvt ltd company registration, other company filings and miscellaneous services will continue to exist/be filed at the MCA V2 portal.

The MCA has launched a new way of e-filing for LLP on the MCA21 Portal for setting up LLP in India. All LLP filings from now on will be web-based.

Key features:

Simplified & Secure Login & Registrations

Form Enhancements

LLP forms

New Payment Platforms

Interactive Dashboards

Revamped Back Office Portal for Officers.

The V3 Portal enables the following for LLPs:

DSC Association; and

LLP Form Filing.

To access both the versions of the V2 and V3 on the MCA Portal, one has to login or sign in/up in the MCA portal via www.mca.gov.in, where the user will be provided the access to LLP (V3) and Companies/ other filings (V2) separately. Both V2 and V3 are now working flawlessly.

Main Difference between V2 & V3:

The V3 version is the updated version of the V2 Portal. In the V2 Portal, the forms relating to company formation procedure and other filings are required to be filled and then uploaded in the Portal after affixing the DSC, while in V3, the forms are to be filled online. This updated version of V3 enables the users' convenience, including the ability to save a half-filled form and file it later.

Further, there is a personalized "My Application" feature in the V3 Portal, which allows the User not only to view all the forms filed by them till date but also the status of the forms such as pending for Resubmission, DSC upload, Pay fees, under Processing, etc., as against the V2 Portal where My Workspace is being provided, which consist of a list of notices and circulars from MCA issued from time to time.

In addition to this, the login is through the email id in the V3 version; On the other hand, in V2, it was possible with the user id. OTP will be provided to the mobile and email address of the User to ensure authenticity as soon as a business user logs in to the MCA system.

Lastly, there is no difference in Associating DSC between V2 and V3.

The process to log in to LLP on MCA V3 Portal and fill LLP web forms has been discussed in detail below:

Method to Login

* The User will first proceed to the "Sign in/Sign Up" link on the top right corner of the MCA portal. On clicking the login icon on the left-hand side of the MCA Portal, two separate icons will be shown, one for LLP Login and the other for company login. As soon as you log in on the LLP login, you will be directed toward the LLP page. Here, users can use their existing login credentials.

* The User must choose the LLP login option rather than the company login.

* After successful login, users would be able to fill out LLP incorporation forms by utilizing the various options.

Method to Fill the LLP Forms

* At the top right corner of the MCA portal, through the existing login id of MCA, the User will proceed "Sign in/Sign Up" link. There is no need to make a new login for the LLP portal. A user can use their existing login ids.

* After this, Sign in to the Portal through the existing login id of MCA.

* The User is required to use the "profile update" option after login into the Portal successfully so that other forms of Limited Liability Partnership like LLP form-3 for registration of LLP agreement, Form 4 for Change in LLP partners/designated partners will display in their login.

* The option of "profile update" will be shown in the top right corner.

* The User must update his profile as a "business user" and fill the necessary details to complete the profile.

* After successfully updating the profile, the User will again login into the Portal, and the User will obtain the OTP on the enrolled phone no and mail id.

* After submitting the OTP, the User will see all the web forms available in their login and ready to fill the forms.

Note: The session will get expire after 5 min of inactivity. The User will be reported after 4 min of inactivity before you are logged off.

User Registration & Login-Highlights

1: Simplified Username & Registration Process

* PAN Number Validation

* Register using Email id or CIN/LLPIN/FCRN as username

2: Streamlined Authorization/ Suspension Process

* Right to authorize Manager/Secretary/Officer in default/Authorized Representative to access

* FO service (on behalf of the company/LLP)

3: Refined User types, Roles and Groups

* Service Accessibility control base User role and groups

4: Email ID & Mobile OTP Validation

* One-time OTP validation during registration

5: Easy User ID and password recovery

* Two-step easy user ID & Password recovery through PAN & Hint question Validation

6: Additional Security Checks

* OTP validation in case of login from a different device

* Session expiry after 5 minutes of inactivity

* Latency period check

FAQs

1: How much time the registration process takes?

The User can immediately start filing LLP related forms once they have registered as a new user in V3. However, it would take 4 – 5 hours for the user registration to be effected for V2 filings for Companies to be able to begin filing Company forms. Users will receive two different passwords, one each for LLP filing and Company filing upon completion of registration.

2: Can an LLP carry on multiple business activities?

Yes, LLP, registered in India, can carry more than one business, provided the activities must be in the same field itself or related. Unrelated Activities which are not related, such as Interior Designing and Legal consultancy, cannot be carried out under the same LLP. The business activities must be approved by RoC and are mentioned in the agreement.

3: If a person has filed webform 3 and webform 4 for the cessation of partners from the LLP and the webform are pending for approval. Can another webform 3 and webform 4 be filed for the appointment of other partners in the LLP?

In this case, the filing shall not be allowed if there is any web form 3 and any web form 4 for cessation of a designated partner or partner pending for payment of the fee or any web form 3/4 is under Processing in respect of the LLP.

4: What are the major differences between the Business User and the Registered User?

Registered users comprise any individuals. Such users can perform the following two functions in the LLP module –

* RUN Form

* Fillip form.

A business user can access and file all the forms. The most suitable category may be selected:

* Company/LLP

* Director/Designated Partner

* Manager/Secretary/Authorized Representative

* Officer in Default

* Professional

However, the "Professional User" in V3 was earlier termed as "Practicing Professional" in the V2 Portal.

Overall, there is no change in the naming or position of a Business user between V2 and V3.

6: Can a Registered User upgrade to a Business User?

Yes, a Registered User can upgrade itself to a Business User; one must not create new login credentials as a Business user. To upgrade the account, the following needs to be done.

Registered users can also upgrade in V2 to Business User in V3 by following steps:

a. First, Sign in to the Portal.

b. Next, in the Right-Hand Corner, "Hello – Your Name" will Display.

c. Click on the above icon

d. Select the Profile Update Page

e. Next, click on Add Role

f. Select Business User Role and then select the appropriate options

7. If I am an existing user, do I need to re-register again?

You need not register once again if you are an existing user in V2. The system will identify the mail id given by the User as a duplicate id and does not permit a registration. The User will be permitted to create as a new user only with a new mail id. If the User is already registered in V3, then it is not needed to get new registration in V2.

8. Can a person has the same user id both as a CA in Professional Role as well as a Director role?

No. the User cannot have multiple roles under the same user id. However, a user can upgrade the part. For instance, if one is a Professional (existing), the User can upgrade to the following roles:

a. Director/Designated Partner

b. Manager/Secretary/Authorized Representative

Source:https://www.manishanilgupta.com/blog-details/recent-changes-in-mca-portal-v2-with-new-web-based-v3-portal-for-llps

#MCA portal V2 #LLPs #V3 Portal for LLPs

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coochiequeens · 5 months

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Woman’ is not an ambiguous term open to an evolving interpretation.” - the attorneys representing the women who want to keep the sorority house they pay $8,000 for male free.

By Genevieve Gluck December 14, 2023

The female complainants at the center of a lawsuit to have a trans-identified male removed from a sorority at the University of Wyoming have re-filed their appeal, demanding the court clearly define the word “woman.” Artemis Langford, previously known as Dallin, was accepted into Kappa Kappa Gamma (KKG) last September, spurring several women to file a lawsuit to have him removed.

In August, the case of Westenbroek v. Kappa Kappa Gamma Fraternity was dismissed on the basis that re-defining “woman” to include males was “Kappa Kappa Gamma’s bedrock right.” Despite hearing testimony from the women, some of whom stated Langford had “watched” them undress with an erection, Judge Alan Johnson rejected the women’s request to rescind Langford’s admission into the sorority.

However, on December 4, the young women filed an appeal to have the dismissal reversed, arguing that Langford’s presence in the sorority house “caused emotional distress in a personalized and unique way,” and demanding that the court clearly define the word “woman.”

In the appeal, the women reassert that Langford displayed “strange and sexual behavior” towards them, and caused them a level of discomfort and anxiety amounting to personal injury. It reiterates claims that Langford had been filming and photographing the women without their consent and had displayed a visible erection while in the house.

“Specifically, Langford’s unwanted staring, photographing, and videotaping of the Plaintiffs, as well as his asking questions about sex and displaying a visible erection while in the house, invaded Plaintiffs’ privacy and caused emotional distress in a personalized and unique way. And thus Plaintiffs have pleaded a viable direct claim. This Court should therefore reverse the district court’s dismissal of Plaintiffs’ derivative and direct claims,” the appeal reads.

Some of the allegations are a reiteration of previous claims, which Langford’s attorney, Rachel Berkness, has attempted to portray as both false and discriminatory during court proceedings. In June, Berkness filed a motion to dismiss the sorority women’s claims against Langford as “frivolous and malicious,” stating: “The allegations against Ms. Langford … were borne out of a hypothesis in search of evidence and pieced together using drunken party stories. Ms. Langford is not a victim; she is a target.”

The initial suit, filed at the end of March, had asserted that Langford, who is 6’2″, had been voyeuristically peeping on the women while they were in intimate situations, and, on at least one occasion, had a visible erection while doing so.

“One sorority member walked down the hall to take a shower, wearing only a towel … She felt an unsettling presence, turned, and saw [Langford] watching her silently,” the court document reads.

“[Langford] has, while watching members enter the sorority house, had an erection visible through his leggings,” the suit says. “Other times, he has had a pillow in his lap.”

As evidenced by his Tinder profile, Langford is “sexually interested in women.” It was further stated in that Langford took photographs of the women while at a sorority slumber party, where he also is said to have made inappropriate comments.

“At a slumber party, Langford ‘repeatedly questioned the women about what vaginas look like, [and] breast cup size,’ and stared as one Plaintiff changed her clothes,” reads the appeal. “Langford also talked about his virginity and discussed at what age it would be appropriate for someone to have sex… And he stated that he would not leave one of the sorority’s sleepovers until after everyone fell asleep.”

Langford was also said to have taken pictures of female members “without their knowledge or consent.” Some of the women noted that they had “observed Langford writing detailed notes about [the students] and their statements and behavior.”

In May, a judge twice prohibited the women from suing anonymously, while stipulating that Langford’s identity should remain protected. Langford was referred to by the pseudonym “Terry Smith” and male pronouns in the legal documents. Six of the women then refiled the lawsuit under their own names, and are requesting that the court void Langford’s membership in KKG.

“It is really uncomfortable. Some of the girls have been sexually assaulted or sexually harassed. Some girls live in constant fear in our home,” one of the sisters, Hannah, told Megyn Kelly during an interview on her podcast.

Rather than addressing the privacy and safety concerns of the women in KKG, who had each paid $8,000 to live in the sorority house, “Kappa officials recommended that … they should quit Kappa Kappa Gamma entirely.”

In June, the sorority filed a motion to dismiss the suit, calling it a “frivolous” attempt to eject Langford for “their own political purposes.” According to the motion, the women suing were flinging “dehumanizing mud” in order to “bully Ms. Langford on the national stage.” The sorority invited the women to resign their membership “if a position of inclusion is too offensive for their personal values.”

In the motion, lawyers for Kappa Kappa Gamma attempted to depict the suit as an attempt by “a vocal minority” to impose their views on Langford and the rest of the sorority members.

“Perhaps the greatest wrongs in this case are not the ones Plaintiffs and their supporters imagine they have suffered, but the ones that they have inflicted through their conduct since filing the Complaint,” they wrote. “Regardless of personal views on the rights of transgender people, the cruelty that Plaintiffs and their supporters have shown towards Langford and anyone in Kappa who supports Langford is disturbing.”

The recent appeal against the suit’s dismissal, filed on behalf of the young women by Sylvia May Mailman of the Independent Women’s Law Center, the Law Office of John G. Knepper, Schaerr Jaffe LLP, and Cassie Craven of Longhorn Law firm, details several alleged violations of the sorority sisters’ rights, as well as KKG’s own policies.

“The question at the heart of this case is the definition of ‘woman,’ a term that Kappa has used since 1870 to prescribe membership, in Kappa’s governing documents,” the appeal states. “Using any conceivable tool of contractual interpretation, the term refers to biological females. And yet, the district court avoided this inevitable conclusion by applying the wrong law and ignoring the factual assertions in the complaint.”

It goes on to note that from 1870 to 2018, KKG defined “woman” to exclude “transgender women” and that any new definition may not be enacted without a KKG bylaw amendment.

Numerous examples are given of rules put forward by the sorority which use the term “woman,” with the attorneys maintaining that “‘woman’ is not an ambiguous term open to an evolving interpretation.”

KKG leaders who approved Langford’s membership have “subverted Kappa’s mission and governing documents by changing the definition of ‘woman’ without following the required processes.” Kappa President Mary Pat Rooney’s legal team has argued that Langford’s admission into the sorority was based on a 2015 position statement which asserts that KKG “is a single-gender organization comprised of women and individuals who identify as women.”

However, the women’s legal appeal points out that KKG can only change its membership criteria by amending its Bylaws, a process which requires a two-thirds majority approval vote by a Convention of board members. As a Convention to amend Bylaws to reflect the position statement was never held, the appeal states, Langford’s acceptance into KKG is a violation of accepted policies.

KKG leadership is also accused of using “coercive” tactics during the process of voting Langford into the organization in September 2022. After an initial anonymous vote conducted via Google poll failed to result in Langford’s acceptance into the sorority, Chapter leaders developed a second, non-anonymous voting system in which multiple sisters changed their votes because of “fear of reprisal.”

In addition to denying women anonymity, Wyoming chapter officials, after consultation with Kappa’s leadership, had told members that voting against Langford’s admission was evidence of “bigotry” that “is a basis for suspension or expulsion from the Sorority.”

Curiously, prior court documents also reveal that Langford was admitted to KKG despite not even meeting their basic academic eligibility requirements.

While KKG requires applicants to have a 2.7 Grade Point Average (GPA), Langford only had a 1.9 at the time he submitted his membership request, and was not on a grade probation. The legal complaint notes that this indicates Langford’s application was “evaluated using a different standard.”

In November, two longstanding alumni members of KKG revealed they had been expelled in an apparent retaliation for advocating that membership be restricted to females only. Patsy Levang and Cheryl Tuck-Smith had been members of the sorority for over 50 years, and had contributed to fundraising efforts for the organization.

Despite their long history of supporting KKG, Levang and Tuck-Smith were voted out by the sorority’s national leadership on November 9. Levang had been the past Kappa Kappa Gamma National Foundation President, while Tuck-Smith was an active contributor and organizer.

The women’s removal came after they had been vocally opposed to the admission of Langford to the KKG chapter at the University of Wyoming, and had supported a lawsuit launched by members of that sorority to have him removed.

Since news of the lawsuit first became widely circulated, Langford has received ample sympathetic coverage in mainstream media, with one MSNBC host labeling him “brave and unique.” In a recent profile by the Washington Post, Langford was given a platform to accuse the sorority sisters involved in the suit of lying while being compared to women who had historically been denied the right to a basic education.

#usa #university of wyoming #What is a woman?#Artemis Langford is Dallin #What is with TIMs choosing the names of goddesses?#Kappa Kappa Gamma (KKG)#The case of Westenbroek v. Kappa Kappa Gamma Fraternity #Get Judge Alan Johnson of the bench #Transbian #The court system was offering to protect the creeps identity but not the women involved #The women each paid $8000 to live in the sororiety house #Independent Women’s Law Center #the Law Office of John G. Knepper #Schaerr Jaffe LLP #and Cassie Craven of Longhorn Law firm #from 1870 to 2018 #From 1870 to 2018 KKG defined “woman” to exclude “transgender women”#any new definition may not be enacted without a KKG bylaw amendment #woman is not an ambiguous term open to an evolving interpretation #Convention to amend Bylaws to reflect the position statement was never held #Langford’s acceptance into KKG is a violation of accepted policies.#After an initial anonymous vote conducted via Google poll failed to result in Langford’s acceptance into the sorority #Chapter leaders held a second non-anonymous voting system in which multiple sisters changed their votes because of “fear of reprisal.”#While KKG requires applicants to have a 2.7 Grade Point Average (GPA)#Langford only had a 1.9 at the time he submitted his membership request #and was not on a grade probation. The legal complaint notes that this indicates Langford’s application was “evaluated using a different sta #TIMs claim to be victims but get a lot of perks #Kappa Kappa Gamma (KKG) would rather kick out two women who were active supports of the organization for decades than admit they were wrong

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