The Assistant Registrar of Companies examined e-form AOC-4 filed by Northern Private Ltd. and found it to be incomplete, defective. Therefore, he intimated the company to furnish further information/rectification of defe
CS Executive · Company Law · PYQS · June 2024
The Assistant Registrar of Companies examined e-form AOC-4 filed by Northern Private Ltd. and found it to be incomplete, defective. Therefore, he intimated the company to furnish further information/rectification of defects by allowing fourteen days' time. Is the action of Assistant Registrar acceptable ? Specify the e-form in which the additional information will be furnished by the company. What will happen, if even after furnishing the required information, the Registrar rejects the e-form or treats the same as invalid ?
Answer & Explanation:
As per Rule 10 (3) of Companies (Registration Offices and Fees) Rules, 2014 Except as otherwise provided in the Act the Registrar shall allow fifteen days' time to the person or company which has filed the application or e-form or document for furnishing further information or for rectification of the defects or incompleteness or for re-submission of such application or e-form or document. In line with the above, the action of Assistant Registrar of Companies by giving fourteen days' time for furnishing further information or rectification of defects is not acceptable. The e-form in which additional information is to be furnished by the company is GNL-4. In the case, where further information called for has not been provided or has been furnished partially or defects or incompleteness is not rectified or rectified partially within the period allowed, the Registrar shall either reject or treat the application or e-form or document as invalid. Consequently, the document may be rectified by the person or company only by fresh filing along with payment of fee and additional fee as applicable at the time of fresh filing without prejudice to any other liability under the Act.
Topics: Filing of Documents
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