AUTHENTICATION OF DOCUMENTS:
An electronic form by authorized signatories shall be authenticated using digital signature
Where there is any change in secretaries or in directors, the relating from to such appointment directors or secretaries has to be filed by company secretary or the continuing director.
The professional or the signatory authorized, if any, who certify e-form shall be responsible for the e-form contents correctness and enclosures correctness attached with the electronic form.
Every authorized person for e-form authentication, applications or documents etc that are needed to be delivered or filed under the rules or the Act there under made, shall obtain a certificate of digital signature from the Certifying Authority of such authentication fro the purposes and such certificate shall not be valid unless it is of Class II or specification of Class III under the Information Technology Act, 2000 (21 of 2000).
The required electronic forms to be filed under the rules or the Act there under shall be authenticated on the company behalf by the Managing Director or Secretary of the company or Director or personnel managerial other key.
The documents scanned image shall be of original signed document relevant to e-forms and the scanned document images or forms shall not be left blank without bearing the authorized person actual signature.
It shall be the person sole responsibility who is signing the form and professional who is certifying the form to ensure that every required attachments completely have to be attached to the form and legibly as per provisions to the Act, and there under rules are made to the forms or filed returns or applications.
The form or document or filed application may contain an attorney power issued to an advocate or Cost Accountant or Chartered Accountant or Company secretary who is in full time practice and to any other supported person by Board resolution to make representation to the approving authority or registering failing which a key managerial personnel or a Director can make representation such authority before.
Where filing document any instance, return or application etc., containing a false or misleading omission of material act or information, requiring action under section 448 or observed section 449, the person shall be liable under sections 448 and 449 of the Act.
Without any other liability prejudice, in certification of any form in case, document, return under the Act or application containing wrong or false or information misleading or material fact omission or by the persons attachment, the Digital Signature Certificate by the Central-Government shall be de-activated in this regard till a final decision is taken.
The Central Government shall set up and for filing of electronic forms maintain, applications and documents, and for viewing and documents inspection in the electronic registry or thereof for obtained certified copies.
a, a website or to provide access of portal to the electronic registry; and
b, as many Registrar’s Facilitation Offices as may be important and at such places and as the Central Government for such time may determine.
Electronically maintain documents.
The Central Government shall set up and a secure electronic registry maintain which all financial statement, return, prospectus, articles, memorandum, charges particulars or any particulars or returns or any filed other documents under the Act to be stored electronically.
Every certificate or documents or notice or required other document to be authenticated or registered by the Registrar or of the Central Government under the rules or the Act there under, shall be registered or authenticated through a signature that is valid of such person or a system generated signature that is digital.
The Registrar shall issue certificate, document, notice, certificate, approval, receipt or endorsement communicate or in the electronic mode acknowledgement:
Provided that where the registrar to any certificate is not able to issue, receipt, acknowledgement, endorsement or electronic mode approval for the reasons in writing to be recorded, he may issue such receipt or certificate or endorsement, approval or acknowledgement or in the physical form approval under signature that is manual his office affixed seal.
The Registrar may send any certificate, any document, any other company communication or notice or its authorized representative or electronic manner both or directors for which the company shall maintain and create at all times a electronic addresses valid including email, identifications of user receiving capability and the receipt of document acknowledging , automated or certificate, other communication, notice or otherwise.
Procedure of any application on receipt or document electronically or form.
The registrar shall cause to be examined or examine every application or document required or e-Form or filed to be authorized or under the Act delivered and made rules there under for registration, approval, record taking or by the registrar rectification, as may be the case.
Provided that save as provided otherwise in the Act, the registrar shall take on the application decision, documents or e-form within thirty days from the filing date excluding the cases in which the Central Government approval or the Regional Director or required other authority competent.
Further provided that e-Forms or identified documents in nature as informative and filed under Straight Through Process by the Registrar may be examined at any time suo motu or of any information receipt or from any source of complaint at any time after its filing.
Also provided that contained nothing in the first proviso shall affect the registrar powers to call information or in pursuance of section 206 explanation.
Where the Registrar, any application on examining or document referred to in sub-rule(1) or e-form, find its necessary to call fro information further or such application finds or e-form or to be defective document or incomplete in any respect, he shall give such information intimation called for or incompleteness defect , by e-mail on the person e-mail address last intimated or incompleteness, by e-mail on the last intimated person e-mail address or the company that has filed such application or document or e-form, directing or it to furnish to rectify such defects or such information or incompleteness or such application to re-submit or document or e-form withing the allowed period under sub-rule 3.
Provided that in the person e-mail address case or in question the company is not available, by the registrar the intimation shall be given by post at the last registered intimation office of the company address or the person last intimated address, as may be the case and the registrar shall preserve the electronic record intimation fact.
3. Except as provided otherwise in the Act, the Registrar shall allow fifteen days time to the company or person that has filed the application or e-form or document under sub-rule(1) for furnishing information further or for the defects rectification or incompleteness or for re-submission of application such or document or e-form.
4, In case where in information called for such for has not been provided or partially has been furnished or defects or incompleteness has not been rectified or has been partially rectified or has not rectified as needed within the permitted period under sub-rule(3), the Registrar shall either reject or the application to be treated or document or e-form, as may be the case, as in the electronic record as invalid, and shall inform the company or person, as may be the case, as specified in the manner in sub-rule(2).
Where any document as invalid has been recorded by the Registrar, the document may be rectified by the company or the person only by filing fresh along with the fee payment and additional fee, as applicable of fresh filing at the time, without prejudice under the Act to any other liability.
In case the registrar finds filed document or e-form under Straight Through Process as defective or incomplete in any respect, suomotu at any time or on receipt of any information or compliant from any source at any time , he shall treat the e-form or document in the electronic registry as defective and shall also issue a printing out the defects a notice or in the e-form incompleteness or document at the intimated last person email-address or the company that has been filed the document, calling upon the person or to file the e-form or the company or afresh document, calling upon the person or company to file the document or the e-form along afresh with fee and additional fee, as needed at the time of refiling actual after rectifying incompleteness or the defects within thirty days period from the notice date.
Provided that the person e-mail address in case or in question the company is not available, the intimation by the registrar shall be given by post at the intimated registered office at the last company address or the last person intimated address, as may be the case and the Registrar shall safeguard the intimation facts in the electronic record.
Vacation or directors removal.
In the vacation event or directors removal before approving or invalidating Form No. DIR-12, the registrar shall verify the documents as to the contents correctness and whether supporting documents adequate namely, copy of the resolution board, notices copy sent for calling meeting board or copy of board of minutes of directors reflecting voted for or against.
If the verification of documents registrar finds further that the company has any of the provisions of the Act violations or rules, he shall refer the matter to the concerned regional director, who shall enquire by giving the person opportunity of the matter who has been removed or as director vacated and convey the registrar decision of the matter within ninety days from the reference date to him by the registrar.
The needed document to be submitted, registered, filed or recorded or any information or fact or authorized under the Act to be registered shall be filed, submitted, recorded or registered on the fee payment or of such applicable additional fee payment as mentioned in annexed Table to these rules.
For the filing documents purpose or applications for which no e-form is prescribed under the act prescribed under the various rules, the document or application shall be filed through Form No. GNL.1 or GNL.2 as applicable along with the fee and in case single form is prescribed for various purposes, the fee shall be paid for each of the contained purposes in the single form.
The charges, fees or other payable sums for any application filing, form, return or any other document of the Act in the pursuance or there under made any rule shall be paid by means of credit card, or internet banking or at the counter remittance of the banks authorized or any other mode by the central Government as approved.
Inspection, Evidence of documents kept by Registrar.
The maintained document inspection in the electron registry so set up of rule 9 in pursuance and that are available otherwise for inspection under the act or there under made rules, shall be made by any person in the electronic form.
Any person may-
a, inspect by the Registrar kept any document, being filed documents or registered by him in pursuance of this Act or the Companies Act, 1956(1 of 1956) or making any fact required record or authorized to be recorded or in pursuance of this Act registered, for each inspection of fee payment.
b, require an incorporation certificate of any company or a copy or any other document extract or any other document any part to be certified by the Registrar , on the fee payment.