Notifications on Electronic Filing of Documents

Two notifications dated 14th Sept., 2006 cover the electronic filing of forms and documetns that has become mandatory from 16th Sept., 2006.

 

The first notification, GSR 556(E) is the Companies (Third Amendment) Regulations, 2006 amends regulations 25 and 31 of the Companies Regulations, 1956 with effect from 14th Sept., 2006

 

The new regulation 25 & 31 allow a person to inspect documents, both physical and electronic documents, after payment of the prescribed fees.

 

 

Notification GSR 557(E) brings into force the  Companies (Electronic Filing and Authentication of Documents) Rules, 2006 from 16th Sept., 2006

 

Section 2 defines a Certifying Authority, Digital Signature, Digital Signature Certificate, e-form, electronic record, electronic registry, electronic mail (e-mail), etc.

 

Section 3 specifies that every e-form / application / document / declaration required to be filed under the Companies Act are to filed in pdf format with the digital signature of specified persons (managing director, director, secretary or other person specified in the Companies Act). Documents that are required to be filed on Non-Judicial Stamp Paper are to be submitted in both physical and electronic form.

 

The digital signatures of the person filing documents, etc in electronic format should be of Class II or Class III.

 

The central government will maintain a website for providing access to the electronic registry and maintaing it securely. It is also required to maintain Registry Front Offices for various purposes such as viewing and inspection of public documents.

 

All documents, etc required to be signed by the Registrar / central government officer shall be digitally signed. The registrar or the central government can send any communication to the company or the specified persons of the company in electronic format for which the company is required to maintain a valid e-mail id.

 

he Registrar or the CG shall issue certificate, license, receipt, approval, or communicate endorsement or acknowledgement in the electronic format. In case it cannot do so it can issue such document in the physical form under manual signature affixing seal of his office.