Company Registration offices and Fees in India
Company is a separate legal entity which is carries on some form of business. It can be classified and structured in many types such as Proprietorship, partnership and private and public limited company and one person company. Company registration is totally different from the corporation. The company can be categorized as per the number of directors and members of that company holds. Starting a business is not an important thing for an entrepreneur. But the choosing the right structure of your business is an important thing. Why because this kind of analysis is carried under the complete surveillance about your industry, growth goals, and how many people you plan to involve in your company. It is essential to have a complete understanding of the business structure you are going to take.
- For the purposes of practicing such responsibilities and discharging such functions for the company 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 Registration 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 such officers shall be prescribed.
- The terms and conditions of the provided services for registration, including the person’s 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.
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 company Registration.
Evidence of documents kept by the registrar at the time of Company Registration
The required evidence of documents is given as follows as per the Companies Act, 1956. Any person may,
- Inspect by the electronic Provisions relating to filing on applications, documents, inspection, etc., in Electronic form for the any company 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 provide Rules so as to require from such date as may be prescribed in the specified 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 and provided under the Companies Act or the appropriate rules. And also the authenticated or electronic forms of such document, notice, any communication or notification, as may be required to be served or delivered under this Act, as may be mentioned for the company registration purposes.
- 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 company registration or authentication, as the case may be prescribed;
- 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 registration 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 suitable communication as may be need 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 responsibilities or produce 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 in such manner as may prescribed for the registration purposes.
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. The Central Government shall, by the intimation of frame a scheme to carry out the provisions of the sub-section (1) through the electronic form.
- means any documents kept by the Registrar in accordance with the Rules provided, 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 , and
- 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.
2.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 company registration, if issued, shall bear on a statement that it is issued with the leave of the court or the Tribunal.
3.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 original copy by the appropriate 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.
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.
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.
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 company 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 Annual funding report is represented under the provision to sub-section (6) of the section 143;and
- 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 annual funding report, made by the Comptroller and Auditor – General of India.
- 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).
Fee for filing of Company 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 Company 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, application form 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.
- 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.
Fees for registration which is credited into public account
The fees, charges and the other sums applicable for the all the operations regarding company registration which is 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. If you register your company through online in the sense, you have to consult and get guidance of Company Secretary as in your territorial jurisdiction. In these cases, you have to pay the Government fees as well as the attorney fees. The attorney fee will be varied according to that particular registration attorney.
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