What is Admissibility of certain documents as evidence? What are the Provisions relating to filing of applications, documents, inspection, etc., in electronic form? Section 397 and 398 of Indian Companies Act 2013

Admissibility of certain documents as evidence and Provisions relating to filing of applications, documents, inspection, etc., in electronic form are defined under Section 397  and 398 of Indian Companies Act 2013. Provisions under these Sections are:

Section 397 of Indian Companies Act 2013 "Admissibility of certain documents as evidence"

 

Notwithstanding anything contained in any other law for the time being in force, any document reproducing or derived from returns and documents filed by a company with the Registrar on paper or in electronic form or stored on any electronic data storage device or computer readable media by the Registrar, and authenticated by the Registrar or any other officer empowered by the Central Government in such manner as may be prescribed, shall be deemed to be a document for the purposes 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 contents of the original or of any fact stated therein of which direct evidence is admissible.

Section 398 of Indian Companies Act 2013 "Provisions relating to filing of applications, documents, inspection, etc., in electronic form"

(1) Notwithstanding anything to the contrary contained in this Act, and without prejudice to the provisions contained in section 6 of the Information Technology Act, 2000, the Central Government may make rules so as to require from such date as may be prescribed in the rules that -

(a) such applications, balance sheet, prospectus, return, declaration, memorandum, articles, particulars of charges, or any other particulars or document as may be required to be filed or delivered under this Act or the rules made thereunder, shall be filed in the electronic form and authenticated in such manner as may be prescribed;

(b) such document, notice, any communication or intimation, as may be required to be served or delivered under this Act, in the electronic form and authenticated in such manner as may be prescribed;

(c) 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 made thereunder shall be maintained by the Registrar in the electronic form and registered or authenticated, as the case may be, in such manner as may be prescribed;

(d) 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 inspection under this Act or the rules made thereunder, may be made by any person through the electronic form in such manner as may be prescribed;

(e) such fees, charges or other sums payable under this Act or the rules made thereunder shall be paid through the electronic form and in such manner as may be prescribed; and

(f) the Registrar shall register change of registered office, alteration of memorandum or articles, prospectus, issue certificate of incorporation, register such document, issue such certificate, record the notice, receive such communication as  may be required to be registered or issued or recorded or received, as the case may be, under this Act or the rules made thereunder or perform duties or discharge functions or exercise powers under this Act or the rules made thereunder or do 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 be prescribed.

Explanation.ó For the removal of 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 of the provisions of this Act or punishment therefore.

(2) The Central Government may, by notification, frame a scheme to carry out the provisions of sub-section (1) through the electronic form.

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What is Admissibility of certain documents as evidence? What are the Provisions relating to filing of applications, documents, inspection, etc., in electronic form? Section 397 and 398 of Indian Companies Act 2013

What is Inspection, production and evidence of documents kept by Registrar? What is Electronic form to be exclusive, alternative or in addition to physical form? Section 399 and 400 of Indian Companies Act 2013

 

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