Registration Offices and Fees – Business Registration

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Registration Offices and Fees
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Registration offices

• For the purposes of exercising such powers and
  discharging such functions  for the
  business registration as are concerned on the
  Central Government by or under this Act or under
  the rules made there under and for the purpose of
  registration of companies under this Act, the
  Central Government shall, by notification,
  establish such number of offices at such places
  as it thinks fit, specifying their jurisdiction.
• Registrars, Additional, Joint, Deputy and
  Assistant Registrars as it is necessary for the
  registration of companies and discharge of many
  different functions are appointed by the Central
  Government under this Act, and the powers and the
  responsibilities that may be practicable by the
  such officers shall be prescribed.
• The terms and conditions of the provided services
  for registration, including the persons salaries
  who are appointed under sub-section (2), shall be
  prescribed.
• The Central Government may prepare a seal or
  seals for the authentication of documents needed
  for, or connected with, the registration of
  companies.

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Business Registration
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Admissibility of certain documents as evidence

• In spite of any other the law for the time being
  documents filed by a company with Registrar on
  paper or in electronic forms and stored on any
  electronic data storage device or the computer
  readable media by the Registrar, and
  authenticated  by the Registrar or any other
  officer authorized by the Central Government be
  prescribed, shall be considered to be a  document
  for the purpose of this Act and the Rules made
  there under and shall be admissible in any
  proceedings there under without further proof or
  production of the original as evidence of any
  content of the original and or of any fact stated
  therein of which direct evidence is admissible
  for the Business Registration.

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Evidence of documents kept by the registrar at
the time of Registration

• Inspect by the electronic Provisions relating to
  filing on applications, documents, inspection ,
  etc., in Electronic form for the any business
  registration.
• Although anything to the contrary contained in
  this Act, and without prejudice to the provision
  contained in Section 6 of the Information
  Technology Act,2000(21 of 2000),the Central
  Government may make Rules so as to require from
  such date as may be prescribed in the rules that-
• The authenticated or electronic forms of such
  applications, balance sheets, prospectus, return,
  declaration, memorandum, articles, particulars of
  charges, or any other particulars or documents as
  may be required to be filed or delivered under
  this Act or the rules.
• The Registrar maintained the authenticated or
  electronic documents of  such applications,
  balance sheet, prospectus, return, register,
  memorandum ,articles,  particulars of charges ,
  or any other particulars or document and return
  filed under this Act or Rules and the
  business registration or authentication, as the
  case may be prescribed

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• Such inspection of the memorandum, articles,
  register, index, balance sheet, return or any
  other particulars or document maintained in the
  electronic form ,as is otherwise available for
  the inspection under this Act or the Rules made,
  may be by any person with respect of the
  electronic form in such manner as may be
  prescribed.
• such fees, charges or other sums payable under
  this Act or the rules made there under shall be
  paid through the electronic form and in such
  manner as may be prescribed and
• the Registrar shall register change of registered
  office, alteration of memorandum of articles,
  prospectus, issue certificate of
  incorporation, register such document, issue such
  certificate, record the notice, receive such
  communication as may be required to be registered
  or issued or recorded or received , as the case
  may be ,under this Act or the Rules made there
  under or perform duties or discharge functions or
  exercise powers under this Act or the Rules made
  there under or to any act which is by this Act
  directed to be performed or discharged or
  exercised or done by the Registrar in the
  electronic form.

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Business Registration
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• For the removal of the doubts, it is hereby
  clarified that the rules made under this section
  shall not relate to imposition of fines or other
  pecuniary penalties or demand or payment of fees
  or contravention of any one of the provisions of
  this Act or punishment therefor.
• means any documents kept by the Registrar in
  accordance with the Rules made, being documents
  filed or registered by him in pursuance of this
  Act, or making a record of any fact required or
  authorized to be recorded or registered in
  pursuance of this Act, or making a record of any
  fact required or authorized to be recorded or
  registered in the pursuance of this Act, on
  payment for each inspection of such fees as may
  be prescribed for the registration purposes.
• requires a certificate of the incorporation of
  any company /registration of any company, or a
  copy or extract of any other document or any part
  of any other document for business
  registration to be certified by the Registrar ,on
  payment in advance of such fees as may be
  prescribed
• provided that the rights conferred by this
  sub-section shall be exercisable in relation to
  documents delivered to the Registrar with the
  prospectus in pursuance of Section 26,only during
  the fourteen days starting with the date of
  the business registration/publication of the
  prospectus and at the other times only with the
  permission of the Central Government.

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• In relation to the documents so delivered in
  pursuance of clause(b) of sub-section (1) of
  Section 388,only during the fourteen days start
  at the date of the registration/ publication of
  the prospectus and at the other times, only with
  a permission of central government.
• There are no process will be carried for
  compelling the production of any document kept by
  the Registrar and he shall issue from any court
  or the Tribunal  except with the leave of that
  Court or the Tribunal, and any such business regis
  tration, if issued, shall bear on a statement
  that it is issued with the leave of the court or
  the Tribunal.
• A copy or extract from, any business registration 
  document kept and registered at the any of the
  offices for the Registration of companies under
  this Act, certified to be a true copy by the
  Registrar (whose official position it shall not
  be necessary to prove), shall, in all legal
  proceedings, be admissible in evidence as of
  equal validity with the original document.

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Electronic form to be exclusive, alternative for
Registration

• The Central Government may also  explained in the
  rules made under section 398 and the section 399
  that the electronic form for the business
  registration, specifies in these sections shall
  be unique from, or in the substitutive or in
  addition to the physical form. The Central
  Government may offer such additional value added
  services through the electronic form and such
  registration fee for those services as may be
  prescribed for the registration purposes.

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Application of provision of Information
Technology Act,2000

• All the provisions of the Information technology
  Act,2000(21 of 2000) relating to the electronic
  records of the particular business
  registration to be filed, in so far as they are
  not inconsistent with this Act, shall apply in
  relation to the records  of any business
  registration in electronic form specified under
  section 398.

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Annual reports of Government companies

• Where Central Government is a member of a
  Government Company, the Central Government shall
   make an annual report of the business
   registration on the working and affairs of that
  company to be-
• prepared within three months of the annual
  general meeting before which the comments given
  by the comptroller and Auditor-General of India
  and the audit report is placed under the
  provision to sub-section (6) of the section
  143and
• as soon as may be after such preparation, laid
  before both the Houses of Parliament together
  with a copy of the audit report and comments upon
  or supplement to the audit report.
• In addition to the Central Government, all State
  government is also a member of a Government
  Company, the State Government may create a copy
  of the annual report prepared under this section
  (1) to be laid before the House or both the
  Houses of the State Legislature together with a
  copy of the audit report and the comments upon or
  supplement to the audit report referred to in the
  sub-section (1).

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Fee for filing of Business Registration

• Any document required to be submitted, filed,
  registered or recorded of registration of
  companies under this Act, shall be submitted,
  filed, registered or recorded within the time
  specified in the relevant provision on payment of
  such business registration fees as may be
  prescribed.
• The Registrar shall submit the required document,
  fact or information and by using that information
  the Registrar shall, filed, registered or
  recorded, after the time allocated in relevant
  provision for such submission, filing,
  registering or recording, within a period of two
  hundred and seventy days from the date by which
  it should have been submitted, filed, registered
  or recorded, and also the payment of such
  additional registration fee as may be prescribed.

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• The required legal action or liability under the
  Act has been taken on such document , fact or
  information without prejudice and also be
  submitted, filed, registered or recorded, after
  the first time specified in first provision on
  payment of fee and additional fee specified under
  this section.
• Before the expiry of the period, a company
  defects to commit any default to submit, file,
  register or record any document, fact or
  information under the sub-section (1) before the
  expiry of the period explained under the first
  provision to the sub-section with additional fee
  for the company registration, the company and the
  officers of the company who are in default shall,
  without prejudice to the liability for payment of
  fee or additional fee, be liable for the penalty
  or the punishment provided under this Act for
  such failure or default.

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Fees for registration which is credited into
public account

• The fees, charges and the other sums applicable
  for the all the operations received by any
  Registrar, additional, Joint, Deputy or the
  Assistant Registrar or any other officer  for the
  registration of the Central Government with
  respect of any provision of this Act shall be
  paid into the public account of India in the
  Reserve Bank of India.