Section 398 of Companies Act, 2013

398. 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.— 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

therefor.

(2) The Central Government may, by notification, frame a scheme to carry out the

provisions of sub-section (1) through the electronic form.

Complete: companies-act-2013