MCA Notification

All you need to know about Filing Form CSR-1 with MCA

Form CSR-1 has to be filed with the Registrar of Companies (Ministry of Corporate Affairs) for registration of entities undertaking CSR (Corporate Social Responsibility) activities. This form has to be filed pursuant to section 135 of Companies Act 2013 and Rule 4 (1) and (2) of Companies (CSR Policy) Rules, 2014 as amended by the Companies (CSR Policy) Amendment Rules 2021. In this article, we shall brief you about the details of filing this form.

What do you mean by Corporate Social Responsibility?

CSR or Corporate Social Responsibility is an intense term which explains the efforts of a company to improve society in any way possible. CSR improves the public image by publicizing the efforts for a better society and thereby increase their chances of becoming highly favoured in customers’ eyes.

CSR helps in enhancing the brand value of a company by building a solid relationship with customers. It helps companies to stand out among the competitors when companies are involved in a community.

Responsibility of the Board of Directors of a Company

The Board has to ensure that CSR activities are undertaken by the Company itself or through:

• A company which is established under section 8 of the Act, or the registered public trust or such society, registered under section12 A and 80 G of the Income Tax Act, established by the company, singly or with any other company;
•  Company established under Section 8 of the Act or registered trust or a registered society established by state or central government;
• Any entity established under the Act of the parliament or a state legislature; and
• A company established under section 8 of the Act or the registered public trust or such society, registered under section12 A and 80 G of the Income Tax Act, having an established track record of at minimum 3 years undertaking similar activities.

Filing of form CSR-1

As per rule 4, sub-rule 2 of the Companies (CSR Policy) Amendment Rules, 2021:

• Every entity covered under sub-rule (1) is required to register itself with the Central Government by filing Form CSR-1 with the registrar electronically from April 1, 2021.
• This form shall be signed and submitted electronically by the entity and should be digitally verified by a CA in practice or a CS in practice, or Cost Accountant in practice.
•  After the form is submitted on the portal, a unique CSR registration number will be generated by the system.

Essential points to know regarding Form CSR-1

The following points should be noted regarding this form:

• Form CSR-1 should be filed with the registrar of companies from April 1, 2021;
• Where the entity is established by any company or group of companies, maximum 5 CIN of such companies may be provided in the form;
• Email-ID of the entity should be entered and it is verified by an OTP;
• The facility of sending OTP is enabled only after successful pre-scrutiny of the form;
• The One Time Password (OTP) can be successfully sent to the e-mail ID against one form for maximum of ten times. It may be noted that the OTP will be valid for 30 minutes;
• In case of further chances, you can download a fresh form on the same day or try another day;
• Ensure that DIN or PAN is valid and associated with the entity, while entering details of directors/board of trustees/chairman/CEO/Secretary/Authorized Representatives of the entity;
• Maximum 10 rows will be available for entering particulars of Directors/Board of Trustees/Chairman/CEO/Secretary/Authorized Representatives of the entity;
• Mandatory attachments-

Copy of the certificate of registration of entity;

Copy of the PAN of the entity.

• Ensure that the form is signed digitally by the following:
  1. The director in case of Section 8 Company (Disqualified Director can’t sign the form);
  2. One of the trustee/CEO in case of registered public trust;
  3. Chairperson/CEO/Secretary in case of registered society;
  4. Authorized representative in case of entity established under the Act of parliament or state legislature.
• Ensure that the e-form is digitally signed by a CA/CS or a Cost Accountant in whole-time practice; and
• The form is processed in STP mode.

How to download Form CSR-1 from the MCA website?

You can download this form from the MCA website in the following manner:

• Visit the MCA portal-  http://www.mca.gov.in/
• Click on forms and downloads on the top
• Scroll down page until you get to Incorporation services. Or else press Ctrl+F and write CSR and hit enter. You will reach the desired place
• You can download the form with or without instruction. It will be downloaded in zip file format. Open it.

E-mail and Immunity Certificate

After the form is successfully processed, an acknowledgement of the status will be sent to the user in the form of a mail to the entity’s mail id. Further, a digitally signed approval letter along with CSR representation number with the format- CSRXXXXXXXX where X represents system-generated unique sequential number shall be sent to the FO user and the e-mail ID of the entity as provided in the form.

Documents that can be obtained and verified by the practicing professional are as follows:

• Trust deed of the entity;
• In case of a Section 8 Company- Certificate of Incorporation;
• In case of a Society- Society Registration Certificate;
• Registration with the State Public Trust Act, if any;
• Valid Certificate under section 12A issued by the director of Income-tax (Exemption); and
• Valid Certificate under section 80G issued by the Commissioner of Income-tax (Exemption).

Points to be noted with respect to certification of Form CSR-1

According to the certificate by practicing professional-

• The practicing professional is required to obtain a letter of engagement for the certification of the form from the entity;
• The documents (including attachment(s) must be verified from the original/certified records maintained by the company/applicant before affixation of the digital signature certifying the form;
• Ensure that the records are appropriately prepared, signed by the required officers/authorized representatives of the entity, and are in order;
• Ensure that all required attachments are entirely and legibly attached to the form; and
• The practicing professional is liable for action under Section 448 of the Companies Act 2013 in case of wrong certification. 

Conclusion

The above-mentioned information should be kept in mind while filing Form CSR-1. It has to be filed with the Registrar of Companies (Ministry of Corporate Affairs) for registration of entities undertaking CSR (Corporate Social Responsibility) activities.

Read our article:Companies (Corporate Social Responsibility Policy) Amendment Rules, 2021