Deemed Public Company ‑Intimation given to Registrar whether the same, may be treated as document on which filing fee is to be paid - Companies Law - No. 28/72,

Circular : No. 28/72, dated 2 ‑ 8 ‑ 1972. Subject:- Deemed Public Company ‑ Intimation given to Registrar w hether the same, may be treated as document on which filing fee is to be paid It has come to the notice of this Department that some of the Registrars of Companies charge fees for recording the information referred to above while others do not charge any such fees. This Department has examined this point in consultation with the Ministry of Law and Justice and holds that the provisions contained in clause 6 of Schedule X apply to the making of an alteration in the memorandum of association under sub-section (2) of section 43A which has to be done when the Registrar is informed by a private company that it has become a public company under sub‑section (1) of the said section. Clause 6 of the Schedule X speaks of making a record of any fact and, therefore, making alteration by means of a formal writing in the memorandum of association registered with the Registrar, showing that the private company has become a public company, would be within the ambit of the said clause. Appropriate fees are, therefore, to be paid by companies on the information furnished to the Registrar under sub‑section (2) of section 43A.