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TMI BlogChapter XXIV - Draft Rules under Companies Act, 2013X X X X Extracts X X X X X X X X Extracts X X X X ..... tion (2) of section 396, the Registrars shall exercise such powers and discharge such duties as are conferred on them by the Act or rules made thereunder or delegated to them by the Central Government, wherever the power or duty has been conferred upon the Central Government by the Act or rules made there under. (2) The Registrar so appointed shall - (a) exercise the powers and perform the duties assigned to the Registrar by the Act or rules made thereunder; (b) subject to the directions of the Central Government, be responsible for the administration of the Companies Registration Office; and (c) exercise any power and perform any duty assigned to him by the Central Government. (3) Whenever according to the Act, any function or duty is to be discharged by the Registrar, it shall, until the Central Government otherwise directs, be done by the existing Registrar , or in his absence, by such person as the Central Government may for the time being authorize: Provided that in the event of the Central Government altering the constitution of the existing registry offices or any of them, any such function or duty shall be discharged by such officer and at such place, with refe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss than one hundred rupees, the company shall scan such stamped documents complete in all respects and shall file electronically for evidencing by the Registrar and shall not be required to submit such documents, except those which are required to be filed for compounding of offences under section 441 in the physical form separately: Provided also that unless otherwise stated in any law for the time being in force, the company shall retain such documents duly stamped in original for a minimum period of five years from the date of filing of such documents and shall be required to produce the same as and when the same is required for inspection and verification by the competent authority under any law for the time being in force. Authentication of documents 24.6. (1) For the purposes of clause (a) and clause (b) of sub-section (1) of section 398 - (a) an electronic form shall be authenticated by authorized signatories using digital signature; and (b) the authorized signatory shall be responsible for the correctness of the enclosures attached with the electronic form. (c) Every person authorized for authentication of e-forms, documents or applications etc., which are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id electronic address (e.g. E-mail, user Identification etc.) capable of receiving and acknowledging the receipt of such document, certificate, notice or other communication, automated or otherwise. Procedure on receipt of any application or form or document electronically. 24.10. (1) The Registrar shall examine or cause to be examined every application or e-Form or document required or authorized to be filed or delivered under the Act and rules made there under for approval, registration, taking on record or rectification by the Registrar as the case may be: Provided that save as otherwise provided in the Act, the Registrar shall not keep any document pending for approval and registration or for taking on record or for rejection or otherwise for more than fifteen days, from the date of its filing excluding the cases in which an approval of the Central Government or the Regional Director or the Tribunal or any other competent authority is required: Provided further that the e-Forms or documents identified as informatory in nature and filed under Straight Through Process (STP) may be examined by the Registrar within a period of not exceeding one year after its filing: Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d additional fee, as applicable, without prejudice to any other liability under the Act. (6) In case the Registrar finds any e-Form or document filed under Straight Through Process (STP), referred to in proviso under sub-rule (1), as defective or incomplete in any respect, at any time within a period of not exceeding one year after its filing, he shall treat and label such e-Form or document as defective in the electronic registry and shall also issue a notice pointing out such defects or incompleteness in such e-Form or document at the last intimated e-mail address of the person or the company which has filed the document, calling upon such person or company to file such e-Form or document afresh along with fee and additional fee, as applicable, after rectifying such defects or incompleteness within a period of thirty days from the date of such notice: Provided that in case the e-mail address of the person or the company in question is not available, such 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 such person, as the case may be. The Registrar shall preserve the facts of s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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