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        Corp. Laws, SEBI & IBC

        Proposed Amendments in COMPANIES (REGISTRATION OFFICES AND FEES) RULES, 2014

        February 2, 2016

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        Rule 10: Limits on resubmission

        16.1 As per Rule 10 (3) and Rule 10(4) of the Companies (Registration Offices and Fees) Rules, 2014, the Registrar of Companies allows fifteen 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 defects etc. and if such information is not provided or is furnished partially within the time allowed, the Registrar is to either reject or treat the application or e-Form or document as invalid. Further, only one chance of resubmission is provided. Where the Registrar has recorded any document as invalid, the applicant/company can only re-file the document by fresh filing along with payment of fee and additional fee as applicable at the time of fresh filing. The Committee felt that this is a reasonable requirement aimed to reduce slackness in the system, both on the part of the Government and professionals, and any grievances, due to mistakes or misuse of the system, should be addressed through the redress mechanism and no relaxation in the prescribed procedure is recommended. The Committee also noted that qualified professionals, who should be fully equipped to submit complete and compliant applications, are preparing the forms.

        Limits on resubmission require a single corrective opportunity and fresh refiling with fees under company filing rules Rule 10 provides a single, limited opportunity to rectify defects in company filings; failure to furnish required information within the prescribed rectification period permits the Registrar to reject or treat the filing as invalid. If recorded invalid, the document must be refiled as a fresh submission with payment of the applicable filing fee and additional fee at the time of refiling.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Limits on resubmission require a single corrective opportunity and fresh refiling with fees under company filing rules

                                Rule 10 provides a single, limited opportunity to rectify defects in company filings; failure to furnish required information within the prescribed rectification period permits the Registrar to reject or treat the filing as invalid. If recorded invalid, the document must be refiled as a fresh submission with payment of the applicable filing fee and additional fee at the time of refiling.





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                                ActsIncome Tax
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