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TMI BlogChapter XXIV - The Companies (Registration Offices and Fees) Rules, 2014.X X X X Extracts X X X X X X X X Extracts X X X X ..... f ''Digital Signature Certificate'' means a person who has been granted a licence to issue it under section 24 of the Information Technology Act, 2000 (21 of 2000). (d) "Digital Signature" means digital signature as defined under clause (p) of sub-section (1) of section 2 of the Information Technology Act, 2000; (21 of 2000); (e) "Digital Signature Certificate" means a Digital Signature Certificate as defined under clause (q) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000) (f) "electronic record" means electronic record as defined under clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000; (21 of 2000); (g) "electronic registry" means an electronic repository or storage system of the Central Government in which the information or documents are received, stored, protected and preserved in electronic form; (h) "electronic mail" means message sent, received or forwarded in digital form using any electronic communication mechanism such that the message so sent, received or forwarded is storable and retrievable ; (i) ''Form'' or "e-form" means a form set forth in Annexure to these rules which shall be used fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll days except Saturday, Sunday and public holidays during working hours between 10.30 a.m. and 3.30 p.m. (3) The offices other than the office of the Registrar shall observe such normal working hours as may be approved by the Central Government. 5. Powers and duties of Registrars.- (1) The Registrars shall exercise such powers and discharge such duties as are conferred on them by the Act or the 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 the rules made there under. (2) 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 Registrar , or in his absence, by such person as the Central Government may for the time being authorise: 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 reference to the local situation of the registered offices of the companies concerned, as the Central Government may appoin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments duly stamped in original permanently for the documents relating to incorporation and matters incidental thereto, changes in any of the clauses of the Memorandum and Articles of Association and in other cases for a minimum period of eight years from the date of filing of the 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: Provided also that any correspondences (physically or electronically) and documents to be filed by any person shall contain name, designation, address, membership number or Director Identification Number, as the case may be, of the person signing such document and make sure correctness thereof and in no case, correspondence, merely with signature and writing authorised signatory shall be acceptable. Provided also that no request for recording any event based information or changes shall be accepted by the Registrar from such defaulting companies, unless they file their updated Balance Sheet and Profit and Loss Account and Annual Return with the Registrar of Companies except,- (i) filing of order of Court or other autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... make representation before such authority . (9) Where any instance of filing document, application or return etc, containing a false or misleading information or omission of material fact, requiring action under section 448 or section 449 is observed, the person shall be liable under section 448 and 449 of the Act. (10) Without prejudice to any other liability, in case of certification of any form, document, application or return under the Act containing wrong or false or misleading information or omission of material fact or attachments by the person, the Digital Signature Certificate shall be de-activated by the Central Government till a final decision is taken in this regard. (11) The Central Government shall set up and maintain for filing of electronic forms, documents and applications, and for viewing and inspection of documents in the electronic registry or for obtaining certified copies thereof- (a) a website or portal to provide access to the electronic registry; and (b) as many Registrar's Facilitation Offices as may be necessary and at such places and for such time as the Central Government may determine. 9. Maintaining documents electronically.- (1) The Central ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gistrar at any time on suo-motu or on receipt of any information or complaint from any source at any time after its filing: Provided also that nothing contained in the first proviso shall affect the powers of the Registrar to call information or explanation in pursuance of section 206. (2) Where the Registrar, on examining any application or e-Form or document referred to in sub-rule (1), 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): Provided that 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... record. 11. Vacation or removal of directors.- (1) In the event of vacation or removal of directors before approving or invalidating Form No 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. (2) 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. 12. Fees.- (1) The documents required to be submitted, filed, registered or recorded or any fact or information required or authorised to be registered under the Act shall be submitted, filed, registered or recorded on payment of the fee or on payment of such additional fee as applicable, as mentioned in Table annexed to these rules. (2) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... panies *OPC and Small Companies 1. (a) For OPC and small companies whose nominal share capital does not exceeds ₹ 10,00,000. (b)For every ₹ 10,000 of nominal share capital or part of ₹ 10,000 after the first ₹ 10,00,000 and upto ₹ 50,00,000 - - 2000 200 (c) For registration of a company whose nominal share capital does not exceeds ₹ 1,00,000. 2. For registration of a company whose nominal share capital exceeds ₹ 1,00,000, the above fee of ₹ 5,000 with the following additional fees regulated according to the amount of nominal capital : 5000 - (a) for every ₹ 10,000 of nominal share capital or part of ₹ 10,000 after the first ₹ 1,00,000 upto ₹ 5,00,000 400 - (b) for every ₹ 10,000 of nominal share capital or part of ₹ 10,000 after the first ₹ 5,00,000 upto ₹ 50,00,000 300 - (c) for every ₹ 10,000 of nominal share capital or part of ₹ 10,000 after the first ₹ 50,00,000 upto Rs. one crore 100 - (d) for every ₹ 10,000 of nominal share capital or part of ₹ 10,000 after the first ₹ 1 crore. Provided that where the additional fees, regula ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 8. For registration of a company whose number of members as stated in the articles of association, exceeds 20 but does not exceed 200 9.For registration of a company whose number of members as stated in the articles of association, exceeds 200 but is not stated to be unlimited, the above fee of ₹ 5,000 with an additional ₹ 10 for every member after first 200. 5000 10. For registration of a company in which the number of members is stated in the articles of association to be unlimited. 11. For registration of any increase in the number of members made after the registration of the company, the same fees as would have been payable in respect of such increase, if such increase had been stated in the articles of association at the time of registration : Provided that no company shall be liable to pay on the whole a greater fee than ₹ 10,000 in respect of its number of members, taking into account the fee paid on the first registration of the company. 12. For registration of any existing company except such companies as are by this Act exempted from payment of fees in respect of registration under this Act, the same fee as is charged for registering a new comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed whether in Companies Act, 1956 Act or the Companies Act, 2013 Act i.e due for filing prior to notification of these fee rules , the fee applicable at the time of actual filing shall be applicable. (3) Delay beyond 270 days, the second proviso to sub-section (1) of section 403 of the Act may be referred. C. For increase in authorised capital, the additional fees shall be applicable at the following rates:- Delay upto 6 months Delay beyond 6 months Slab 2.5 % per month on the fees payable under para I.3 or II.12 of Table A above as the case may be. 3% per month on the fees payable under para I.3 or II.12 of Table A above as the case may be. (1) The above fee table shall also be applicable for delay in filing application with Registrar under subsection (11) of section 233 of the Act. II. FEE ON APPLICATIONS (including Appeal) made to Central Government under sub-section (2) of Section 459 of the Companies Act, 2013. 1 For Application made Other than OPCs and Small Companies OPC and Small Companies (i) By a company having an authorized share capital of: a) Upto ₹ 25,00,000 2,000 1000 b) More thanRs.25,00,000 and upto ₹ 50,00,000 5,000 2500 c) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... panies under section 248 (2) of the Act. ₹ 5000. [F. No. 01/16/2013 CL-V] RENUKA KUMAR, Jt. Secy. INSTRUCTIONS 1.Payment of fees - Except as otherwise provided elsewhere, the table of fees annexed to the Companies (Registration Offices and Fees), Rules 2014, shall be payable in the following head. (1) fees payable to the Registrar in pursuance of the Act or any rule or regulation made or notification issued thereunder shall be paid to the Registrar on any authorized bank by the Ministry of Corporate Affairs and acting as the agent of the Reserve Bank of India for credit under the following head, namely : - Major Head Alphanumeric code description Account Code Serial Code Source category check digit 1475 Other general Economic Service 147500105 14750006 113 Regulation of joint stock Companies (a) Registration fees 14750010599 14750032 114 (b) Filing fees 14750010598 14750033 117 (c) inspection and copying Fee 14750010597 14750034 112 (d) other fees 14750010596 14750035 119 (2) Where application is filed through electronic media or through any other computer readable media, the user may choose any one of the following payment options namely ..... X X X X Extracts X X X X X X X X Extracts X X X X
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