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“If There Is No Field In MCA Portal For Lawyers As Professionals To Register Companies/LLPS It Would Be Discriminatory”: Delhi High Court

Delhi High Court has directed Central Government to file an affidavit in the plea filed challenging the non-providing of a field for Advocates to register companies and LLPs on behalf of their clients in the current Ministry of Corporate Affairs’ portal. A single Bench of Justice Pratibha Singh observed that if its true that MCA’s portal has no provision made for Advocates who are members of Bar Councils and Bar Councils are not provided as an option in the list of Councils, it is discriminatory qua Advocates and needs to be rectified. The Court has asked the appropriate authority to take a decision on the issue and then place it before the Court. The Bench noted according to Section 7(1) (b) of the Companies Act, 2013, Advocates can file documents for incorporation of a Company, and this would be true even in the case of LLPs. Therefore, if the portal does not have a provision for Advocates, it needs to be rectified. The Court directed the Standing Counsel Ajay Digpaul to take instructions on the matter and file an affidavit within two weeks and listed the matter for next hearing on March 23rd 2021.

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