Sections 399 and 400 of the Companies Act, 2013: Inspection of ROC Documents and Electronic Form

Section 399: Inspection, Production and Evidence of Documents Kept by Registrar

Section 399 creates a statutory framework for public inspection of documents maintained by the Registrar, for obtaining certified copies or extracts, for compelling production of Registrar-held documents in legal proceedings, and for treating certified copies as evidence.

Right to inspect documents electronically

The expression Registrar in this context refers to the Registrar of Companies exercising functions under the Companies Act, 2013. The electronic inspection mechanism reflects the MCA electronic registry system through which corporate filings and public documents are maintained and accessed, subject to statutory and rule-based restrictions.

Certified incorporation certificate, copies and extracts

Section 399(1)(b) permits a person, on payment in advance of the prescribed fee, to require a certificate of incorporation of a company or a certified copy or extract of another document, or part of a document, from the Registrar.

Special limits relating to prospectus documents

The proviso to Section 399(1) places time-based restrictions on the exercise of the rights under that sub-section for specified documents delivered to the Registrar with a prospectus under Section 26 and for documents delivered under Section 388(1)(b). The statutory text provides a fourteen-day period in the specified circumstances and requires Central Government permission at other times.

Production of Registrar-held documents before a court or Tribunal

Under Section 399(2), a process compelling production of a document kept by the Registrar cannot issue from a court or the Tribunal without leave of that court or Tribunal. A process so issued must state that it has been issued with such leave.

Rules 14 and 15: How Inspection Works

The Companies (Registration Offices and Fees) Rules, 2014 supplement Section 399. Rule 14 provides that documents maintained in the electronic registry and otherwise available for inspection under the Act or the rules are to be inspected in electronic form.

Rule 15 provides for inspection of documents kept by the Registrar on payment of the applicable fee and for obtaining a certificate of incorporation or a certified copy or extract on payment of fee. A proviso inserted in 2015 restricts inspection or obtaining copies, under Section 399, of resolutions referred to in Section 117(3)(g).

Fees and the manner of accessing records should be checked against the current MCA portal and the applicable Companies (Registration Offices and Fees) Rules before making a request.

Certified Copies as Evidence under Section 399(3)

Section 399(3) gives important evidentiary status to Registrar-certified records. A copy of, or extract from, a document kept and registered at an office for registration of companies, when certified as a true copy by the Registrar, is admissible in legal proceedings with equal validity to the original document. The Registrar's official position need not separately be proved for this purpose.

This provision helps parties rely on officially certified corporate records without ordinarily requiring production of the original document merely to establish the contents of the registered record.

Section 400: Electronic Form to Be Exclusive, Alternative or Additional

Section 400 authorises the Central Government to provide, through rules made under Sections 398 and 399, that electronic form for the purposes specified in those sections may be exclusive, may operate as an alternative to physical form, or may be in addition to physical form.

Practical Effect of Sections 399 and 400

Together, Sections 399 and 400 support the electronic corporate registry framework. Subject to the Act, the rules, applicable restrictions and prescribed fees, a person can inspect eligible ROC records electronically and can seek certified copies or extracts. Certified Registrar copies have statutory evidentiary value, while Section 400 provides the legal basis for rules governing the relationship between electronic and physical forms.

For live document access, filing services, fees and current procedural requirements, users should verify the position on the official Ministry of Corporate Affairs portal.

Related Provisions

Sections 399 and 400 should be read with Section 398, which deals with electronic filing, inspection and related matters, and with the Companies (Registration Offices and Fees) Rules, 2014. Depending on the document concerned, other provisions of the Companies Act, 2013 may restrict public inspection or disclosure.