MAINTAINING AND RECEIVING DOCUMENTS ELECTRONICALLY


The Central Government shall set up and maintain a secure electronic registry in which all the applications, financial statement, prospectus, return, register, memorandum, articles, particulars of charges, or any particulars or returns or any other documents filed under the Act to be electronically stored. [Rule 9(1) of the Companies (Registration Offices and Fees) Rules 2014]

Every document or certificate or notice or other document required to be registered or authenticated by the Registrar or an officer of the Central Government under the Act or rules made there under, shall be registered or authenticated through a valid digital signature of such person or a system generated digital signature. [Rule 9(2) of the Companies (Registration Offices and Fees) Rules 2014]

The Registrar shall issue document, certificate, notice, receipt, approval or communicate endorsement or acknowledgement in the electronic mode. [Rule 9(3) of the Companies (Registration Offices and Fees) Rules 2014]

Where the Registrar is not able to issue any certificate, receipt, endorsement, acknowledgement or approval in electronic mode for the reasons to be recorded in writing, he may issue such certificate or receipt or endorsement, acknowledgement or approval in the physical form under manual signature affixing seal of his office. [Proviso to Rule 9(3) of the Companies (Registration Offices and Fees) Rules 2014]

The Registrar may send any document, certificate, notice or any other communication to the company or its authorised representative or directors or both in the electronic manner for which the company shall create and maintain at all times a valid electronic addresses including e-mail, user identifications capable of receiving and acknowledging the receipt of the document, certificate, notice or other communication, automated or otherwise. [Rule 9(4) of the Companies (Registration Offices and Fees) Rules 2014]

Receipt of any application or form or document electronically

The Registrar shall examine or cause to be examined every application or e-Form or document required or authorised to be filed or delivered under the Act and rules made thereunder for approval, registration, taking on record or rectification by the Registrar, as the case may be. [Rule 10(1) of the Companies (Registration Offices and Fees) Rules 2014]

The Registrar shall take a decision on the application, e-form or documents within thirty days from the date of its filing excluding the cases in which an approval of the Central Government or the Regional Director or any other competent authority is required. [First Proviso to Rule 10(1) of the Companies (Registration Offices and Fees) Rules 2014]

The e-Forms or documents identified as informative in nature and filed under Straight Through Process may be examined by the Registrar at any time on suo-motuor on receipt of any information or complaint from any source at any time after its filing. [Second Proviso to Rule 10(1) of the Companies (Registration Offices and Fees) Rules 2014]

There shall be powers of the Registrar to call information or explanation in pursuance of section 206. [Third Proviso to Rule 10(1) of the Companies (Registration Offices and Fees) Rules 2014]

Where the Registrar, on examining any application or e-Form or document, finds it necessary to call for further information or finds such application or e-form or document to be defective or incomplete in any respect, he shall give intimation of such information called for or defects or incompleteness, by e-mail on the last intimated e-mail address of the person or the company, which has filed such application or e-form or document, directing him or it to furnish such information or to rectify such defects or incompleteness or to re-submit such application or e-Form or document within the period allowed under sub-rule (3). [Rule 10(2) of the Companies (Registration Offices and Fees) Rules 2014]

In case the e-mail address of the person or the company in question is not available, the intimation shall be given by the Registrar by post at the last intimated registered office address of the company or the last intimated address of the person, as the case may be and the Registrar shall preserve the facts of the intimation in the electronic record. [Proviso to Rule 10(2) of the Companies (Registration Offices and Fees) Rules 2014]

Except as otherwise provided in the Act, the Registrar shall allow fifteen days’ time to the person or company which has filed the application or e-Form or document under sub-rule (1) for furnishing further information or for rectification of the defects or incompleteness or for re-submission of such application or e-form or document. [Rule 10(3) of the Companies (Registration Offices and Fees) Rules 2014]

In case where such further information called for has not been provided or has been furnished partially or defects or incompleteness has not been rectified or has been rectified partially or has not been rectified as required within the period allowed under sub-rule (3), the Registrar shall either reject or treat the application or e-form or document, as the case may be, as invalid in the electronic record, and shall inform the person or company, as the case may be, in the manner as specified in sub-rule (2). [Rule 10(4) of the Companies (Registration Offices and Fees) Rules 2014]

Where any document has been recorded as invalid by the Registrar, the document may be rectified by the person or company only by fresh filing along with payment of fee and additional fee, as applicable at the time of fresh filing, without prejudice to any other liability under the Act. [Rule 10(5) of the Companies (Registration Offices and Fees) Rules 2014]

I understand: In case, there is some inadvertent mistake in filing, Company or filing such document, may request Registrar to invalidate the document and then file the document afresh. Yes, other liabilities may be there but not of fraud.

In case the Registrar finds any e-form or document filed under Straight Through Process as defective or incomplete in any respect, at any time suo-motu or on receipt of information or compliant from any source at any time, he shall treat the e-form or document as defective in the electronic registry and shall also issue a notice pointing out the defects or incompleteness in thee-Form or document at the last intimated e-mail address of the person or the company which has filed the document, calling upon the person or company to file the e-Form or document afresh along with fee and additional fee, as applicable at the time of actual re-filing, after rectifying the defects or incompleteness within a period of thirty days from the date of the notice, [Rule 10(6) of the Companies (Registration Offices and Fees) Rules 2014]

In case the e-mail address of the person or the company in question is not available, the intimation shall be given by the Registrar by post at the last intimated registered office address of the company or the last intimated address of the person, as the case may be and the Registrar shall preserve the facts of the intimation in the electronic record. [Proviso to Rule 10(6) of the Companies (Registration Offices and Fees) Rules 2014]

Vacation or removal of directors:

In the event of vacation or removal of directors before approving or invalidating Form DIR – 12, the Registrar shall verify the documents as to correctness of contents and whether adequate supporting documents namely, copy of board resolution, copy of notices sent for calling board meeting or copy of minutes of board of directors reflecting voted for or against. [Rule 11(1) of the Companies (Registration Offices and Fees) Rules 2014]

If the Registrar on verification of documents further finds that the company has violated any of the provisions of the Act or rules, he shall refer the matter to the Regional Director concerned, who shall enquire the matter by giving an opportunity to the person who has been removed or vacated as director and convey the decision of the matter to the Registrar within ninety days from the date of reference to him by the Registrar. [Rule 11(2) of the Companies (Registration Offices and Fees) Rules 2014]

The inspection of the documents maintained in the electronic registry shall be made by any person in electronic form. [Rule 14 of the Companies (Registration Offices and Fees) Rules 2014]

Any person may –

(a) inspect any document kept by the Registrar, being documents filed or registered by him in pursuance of this Act or the Companies Act, 1956 (1 of 1956) or making a record of any fact required or authorised to be recorded or registered in pursuance of this Act, on payment for each inspection of fee.

(b) require a certificate of incorporation of any company, or a copy or extract of any other document or any part of any other document to be certified by the Registrar, on payment of fee. [Rule 15 of the Companies (Registration Offices and Fees) Rules 2014]

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2 responses to “MAINTAINING AND RECEIVING DOCUMENTS ELECTRONICALLY

  1. Pingback: Index of Companies Law Posts | AishMGhrana

  2. Pingback: YEAR’S SECOND AMENDMENT IN REGISTRATION OFFICES AND FEES RULES | AishMGhrana

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