Company Registration Earlier
In recent times it has become easier than ever for company registration within India to become a legally recognized business entity under the new procedure provided in Rule 10 of the Companies (Registration Offices and Fees) Rules, 2014. With the government’s objective of having India becoming a more technologically advanced nation, the process of a corporate entity to be registered as a company the process of company registration can also be completed through electronic modes.
In India, the Company Act, 2013, allows a company to be created by lawful means whether it is a One Person, Public, or Private Company being of the nature of limited shares, limited guarantees, or be an unlimited company. Once a company is incorporated, it is enabled to exercise all the functions within its power to use, acquire, or dispose of both movable and immovable property, tangible and intangible, to contract, and appear in contract by the name which was provided in the company registration forms.
The Registrar of Companies is seen as the authority provided by the Act as the dignitary of the Ministry of Corporate Affairs to preside over its matters. A company filing any sort of document towards the Central Government through electronic methods is to submit them in portable document format (PDF) to the Registrar through their website and will only require submitting physical documents when mentioned to do so specifically by the government.
RULE 10 : Company Registration
Under Rule 10, the Registrar is given the power to examine applications, documents, or E-Forms to provide approval for registration or providing rectification to the aforementioned. The Registrar is to take action upon any form of the document submitted to them within the span of thirty days of its filing. This does not include for documents which require the approval of the Central Government, Regional Director, or any other authority of competence. Filing of a document by the method of the E-Form through the Straight Through Process enables it to be examined as soon as the information is received by the Registrar at any given time.
If a document which was submitted to the Registrar is seen to convey some defect within it which he did not deem satisfactory, the authority is deemed provided to intimate an e-mail on the last e-mail address provided by the person or company whom had filed the documents to provide the necessary within the time span of fifteen days’ time. If an e-mail address is not available for the entity then the Registrar is thus to intimate a post to registered office address or the last given address with the facts of the matter is maintained electronically.
If the document is not provided within the given time frame, then the Registrar is to regard the application or documents provided to them in need of modification to be rejected or be regarded as invalid requiring the entity to begin the process again from scratch and filing them again with the payment of the required.
In the case of E-Form filed through the Straight Through Process requiring any rectification or amendment, the Registrar shall treat the document filed as defective within the electronic registry and provide the issues within the document within the three-Form or document to the last intimated e-mail address of the entity requiring them to begin afresh to the filing process with required fees with the developments required in the documents within a thirty day timeframe.
The procedure for filing a document, application, complaint, or E-Form under Rule 10 is not a simple task which can be completed without facing complications for a Company causing a lot of time to and energy to be wasted as the legal work is convoluted and time sensitive. Here at Company Vakil we make it easier than ever for any Company to file any manuscript necessary for a Company to the proper authority without getting involved in any of the legal hassles at the most economic prices for company registration. Our team of legal experts is thoroughly astute with Company law and provides all the work required in a proficient and excelling professional manner.