Explain the provisions of re-submissions (under Rule 10 of the Companies (Registration Offices and Fees) Rules, 2014.

CS Professional · Advanced Company Law and Practice · PYQS · June 2021
Explain the provisions of re-submissions (under Rule 10 of the Companies (Registration Offices and Fees) Rules, 2014.

Answer & Explanation:

As per Rule 10 of the Companies (Registration Offices and Fees) Rules 2014, where the Registrar, on examining any such application or e-form or document, required or authorised to be filed or delivered under the Companies Act, 2013 and rules made thereunder for approval, registration, taking on record or rectification by the Registrar, as the case may be, 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 defect or incompleteness noticed 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. In case the e-mail address of the person or company in question is not available, such intimation shall be given 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. The Registrar shall preserve the fact of such intimation in the electronic record. The Registrar shall allow 15 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. Further, Registrar shall allow fifteen days, time for re-submission in case of reservation of a name through web service -"RUN" for rectifications of defects if any. In case where such further information called for has not been provided or has been furnished partially or defects or incompleteness has not been rectified or has been rectified partially or has not been rectified as required within the period allowed, the Registrar shall either reject or treat the application or e-form or document, as the case may be, as invalid in the electronic record, and shall inform the person or company, as the case may be. Where any document has been recorded as invalid by the Registrar, 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 Companies Act, 2013. In case the Registrar finds any e-form or document filed under Straight Through Process as defective or incomplete in any respect, at any time suo-motu or on receipt of information or compliant from any source at any time, he shall treat the e-form or document as defective in the electronic registry and shall also issue a notice pointing out the defects or incompleteness in the e-Form or document at the last intimated e-mail address of the person or the company which has filed the document, calling upon the person or company to file the e-form or document afresh along with fee and additional fee, as applicable at the time of actual re-filing, after rectifying the defects or incompleteness within a period of 30 days from the date of the notice. Any further information or documents called for, in respect of application or e-form or document, filed electronically with the Ministry of corporate Affairs shall be furnished in Form No. GNL-4 as an addendum.

Topics: E-filing and Compliance

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