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Ministry of Corporate Affairs

Also written MCA · Ministry of Corporate Affairs (MCA)

The Government of India ministry that administers the Companies Act and the Competition Act, supervises ICAI, ICSI and the Institute of Cost Accountants, and has the ROCs and the SFIO under it.

In plain language

SEBI regulates securities markets. RBI regulates banks. But the company itself — how it is formed, run, audited, merged and wound up — is the business of the Ministry of Corporate Affairs.

The workbook lists the MCA among the regulators of the financial market, and describes it as mainly concerned with the administration of the Companies Act, 1956 and 2013 and the allied acts, rules and regulations for the corporate sector.

For a compliance officer at a listed company or an intermediary, that matters directly: the Companies Act obligations sit alongside the SEBI ones, and the agencies that enforce them — the Registrar of Companies, the Serious Fraud Investigation Office — are MCA's.

How it works

What the MCA administers, per the workbook:

Law or bodyNote
Companies Act, 1956 / 2013 and allied rulesIts main concern
Competition Act, 2002Replaced the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP)
Institute of Chartered Accountants of India (ICAI)Supervised
Institute of Company Secretaries of India (ICSI)Supervised
Institute of Cost Accountants of IndiaSupervised
Partnership Act, 1932Administered
Companies (Donations to National Funds) Act, 1951Administered
Societies Registration Act, 1980Administered

The MCA machinery the rest of Chapter 2 describes.

  • Registrars of Companies — appointed by the Central Government under section 396(1) of the Companies Act, 2013, under administrative control through Regional Directors.
  • Serious Fraud Investigation Office — a multi-disciplinary organisation under the Ministry of Corporate Affairs, established by notification of 21 July 2015.
  • National Company Law Tribunal — constituted by the Central Government under section 408 of the Companies Act, 2013 from 1 June 2016; the MCA set up the first eleven benches.

Where it sits. The workbook's list of financial market regulators is: Ministry of Finance, Ministry of Corporate Affairs, SEBI, RBI, IRDAI, PFRDA and IFSCA. The Ministry of Finance, by contrast, governs the fiscal system through the Departments of Economic Affairs, Expenditure, Revenue and Financial Services.

A worked example

Illustrative. Trace which authority touches a single listed company's bad year.

A listed company with Rs 2,400 crore of revenue announces that Rs 310 crore of receivables are fictitious.

QuestionWhoUnder
Were its annual filings false? Call for explanation, then booksROC (MCA)Companies Act, s. 206 / 209
Complex, multi-disciplinary fraud of public interest — investigateSFIO (MCA), on the Central Government's assignmentCompanies Act, s. 212
Insolvency petition by lendersNCLT, benches set up by MCAInsolvency and Bankruptcy Code
Did insiders trade before the announcement?SEBISEBI Act and PIT Regulations
Were share prices manipulated?SEBI, and possibly the EOW of the CBISEBI Act; criminal law

Three of the five rows lead back to the MCA. That is why the workbook lists a ministry among the regulators of the financial market.

Why NISM asks about it

Chapter 2.2 (Financial Market Regulators) lists the MCA, and 2.3 (Other Agencies) describes what it administers before moving to the ROC, NCLT and SFIO. Expect a direct question on which Act replaced MRTP (the Competition Act, 2002), and a matching question on which three professional institutes the MCA supervises.

Common exam traps

  • The Competition Act, 2002 replaced the MRTP Act, 1969, and it is administered by the MCA.
  • Three institutes, not two: ICAI, ICSI and the Institute of Cost Accountants of India.
  • The Partnership Act, 1932 and the Societies Registration Act, 1980 are on the MCA's list too — easy to forget.
  • SFIO is under the MCA, not under the Ministry of Finance or the CBI. The EOW is part of the CBI.
  • The Departments of Economic Affairs, Expenditure, Revenue and Financial Services belong to the Ministry of Finance, not the MCA.
  • NCLT benches were set up by the MCA, but the NCLT is a quasi-judicial tribunal, not a department of the ministry.

Where this is taught

Free preparation for NISM Series III-A

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