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 ..... s Annexure to these rules; (c) Certifying Authority for the purpose of 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roved by the Central Government and shall be open for the transaction of business with the public on all 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 referen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 Ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any others person supported by Board resolution to make representation to the registering or approving authority failing which a Director or key managerial personnel can 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 Reg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gional Director or any other competent authority is required: Provided further that the e-Forms or documents identified as informative in nature and filed under Straight Through Process may be examined by the Registrar 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ven by the Registrar by post at the last intimated registered office address of the company or the last intimated address of the person, as the case may be and the Registrar shall preserve the facts of the intimation in the electronic 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gistered under the Act, shall be submitted filed, registered or recorded within the time specified in the relevant provision on payment of fee as prescribed hereunder : A. TABLE OF FEES TO BE PAID TO THE REGISTRAR (I) In respect of a company having a share capital : Other than OPCs and Small Companies *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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in respect of a company having a nominal share capital of ₹ 1 crore or more. 6. For making a record of or registering any fact by this Act required or authorised to be recorded or registered by the Registrar - 600 (a) in respect of a company having a nominal share capital of up to 1,00,000. 200 (b) in respect of a company having a nominal share capital of ₹ 1,00,000 or more but less than ₹ 5,00,000. 300 (c) in respect of a company having a nominal share capital of ₹ 5,00,000 or more but less than ₹ 25,00,000 400 (d) in respect of a company having a nominal share capital of ₹ 25,00,000 or more but less than ₹ 1 crore or more. 500 (e) in respect of a company having a nominal share capital of ₹ 1 crore or more. 600 (II) In respect of a company not having a share capital : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ditor or Cost Auditor. (3) The above table of fee and calculation of fee as applicable for increase in authorised capital shall be applicable for revised capital in accordance with sub-section (11) of 233 of the Act , (after setting off fee paid by the transferor company on its authorised capital prior to its merger or amalgamation with the transferee company). (4) The above table of fee shall be applicable for filing revised financial statement or board report under section 130 and 131 of the Act . B. Following table of additional fees shall be applicable for delays in filing of the forms other than for increase in Nominal Share Capital Sl no Period of delays Forms including charge documents 01 up to 15 days (sections 93,139 and 157) One time 02 More than 15 days and up to 30 days (Sections 93, 139 and 157) and up to 30 days in remaining forms. 2 times of normal filing fees 03 More than 30 days and up to 60 days 4 times of normal filing fees ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 00 and upto ₹ 5,00,00,000 10,000 -- d) More than ₹ 5,00,00,000 and upto ₹ 10 crores 15,000 -- e) More than ₹ 10 crores 20,000 -- (ii) By a company limited by guarantee but not having a share capital 2,000 -- (iii) By an Association or proposed company for issue of license under section 8 of the Act 2,000 -- (iv) By a company having a valid license issued under section 8 of the Act 2000 -- (v) By a foreign company 5,000 -- (vi) Application for allotment of Director Identification Number (DIN) under section 153 of the Act 500 -- (1) Every application to the Registrar of Companies filed by any person for reservation of name under sub-section (4) of s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
