Monday, 20 June 2016

REGISTRATION OFFICES AND FEES UNDER THE COMPANIES ACT, 2013

CHAPTER: XXIV:  REGISTRATION OFFICES AND FEES

The Central Government (Ministry of Corporate Affairs or “MCA”) is being empowered to establish offices for the purpose of registration of the companies under the Companies Act, 2013 at such places and with such jurisdiction as it thinks fit and appoint such number of officers to exercise such powers and discharge functions for the registration of the company.

The Central Government may also appoint the Registrars, or additional joint deputy, and assistant Registrar for the registration of the companies and discharge of various functions etc. The Central Govt. may also direct a seal or seals to be prepared for the authentication of documents required for registration of the companies.

Documents admissible in evidence: The Companies Act, 2013 provide that any document which are being reproduced or derived from the returns filed with the Registrar (ROC) to be admissible as an evidence whether such documents are in electronic form or data storage and the same is to be authenticated by the Registrar or any other officer authorised by the Central Government.

Inspection of ROC records: Section 399 of the Companies Act, 2013 entitles the inspection and production of documents from the Registrar and a record may be made by the Registrar from such documents on payment of fees or obtaining certificate from the Registrar in respect of incorporation of the companies or any other document or extract of the document. Further a certified copy of any documents obtained from the Registrar shall be admissible in evidence in all legal proceeding as the original documents itself.

The Central Government may provide in the Rules made under the section 398 and 399 such value added services through the electronic form and levy fee thereupon and further provides that the provisions of the Information  Technology Act, 2000 relating to the electronic record shall apply.

Fee for filing: Any documents to be submitted, filed, registered, or recorded or any fact or information required or authorised to be registered with the Registrar shall be registered with the specified time on payment of the prescribed fees.


Additional time of 270 days for submission of documents/ records/ forms: If there is delay in the filing then the documents / records/ forms can be filed within 270 days from the date on which the documents should have been submitted with the payment of additional fees.

A delay beyond the stipulated period of the 270 days will result into penalty or punishment for the failure or default. Also in the cases where the company fails or commits any default the company along with the officers are also liable for the penalty and the punishment.

All the fees, charges, and other sums received by any Registrar or any other officer of the Central Government to be paid into the public account of India or the Reserve Bank of India.

For more information on Companies Act please visit www.nclt.in



No comments:

Post a Comment