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Registration offices (Section 396 of the Companies Act, 2013)

Registration offices (Section 396 of the Companies Act, 2013) :

Section 396 of the Companies Act, 2013 provides for Registration offices. According to this section:

(i) Establishment of offices: For the purposes of exercising such powers and discharging such functions as are conferred on the Central Government by or under this Act or under the rules made thereunder and for the purposes of registration of companies under this Act, the Central Government shall, by notification, establish such number of offices at such places as it thinks fit, specifying their jurisdiction.

Rule 4 of the Companies (Registration Offices and Fees) Rules, 2014 shall apply in relation to Registration offices:

(a) The Central Government shall establish such number of offices at such places as it thinks fit, specifying their jurisdiction for the purpose of exercising such powers and discharge of such functions as are conferred on the Central Government by or under this Act or under the rules made there under and for the purposes of registration of companies under the Act.

(b) The office of the Registrar shall observe such normal working hours as may be approved by the Central Government and shall be open for the transaction of business with the public on all days except Saturday, Sunday and public holidays during working hours between 10.30 a.m. and 3.30 p.m.

(c) The offices other than the office of the Registrar shall observe such normal working hours as may be approved by the Central Government.

(ii) (a) Appointment of officers: The Central Government may appoint such Registrars, Additional, Joint, Deputy and Assistant Registrars as it considers necessary for the registration of companies and discharge of various functions under this Act.

(b) Powers and duties of officers: The powers and duties that may be exercisable by such officers shall be such as may be prescribed.

According to Rule 5 of the Companies (Registration Offices and Fees) Rules, 2014, the following powers and duties have been prescribed:

(1) The Registrars shall exercise such powers and discharge such duties as are conferred on them by the Act or the rules made there under or delegated to them by the Central Government, wherever the power or duty has been conferred upon the Central Government by the Act or the rules made there under.

(2) Whenever according to the Act, any function or duty is to be discharged by the Registrar, it shall, until the Central Government otherwise directs, be done by the Registrar, or in his absence, by such person as the Central Government may for the time being authorize.

However, in the event of the Central Government altering the constitution of the existing registry offices or any of them, any such function or duty shall be discharged by such officer and at such place, with reference to the local situation of the registered offices of the companies concerned, as the Central Government may appoint.

(iii) Terms & conditions of Salaries payable to officers: The terms and conditions of service, including the salaries payable to persons appointed, shall be such as may be prescribed.

(iv) Seal for authentication: The Central Government may direct a seal or seals to be prepared for the authentication of documents required for, or connected with, the registration of companies.

According to Rule 6 of the Companies (Registration Offices and Fees) Rules, 2014, the Registrar shall have a seal and such seal shall bear the words “Registrar of Companies, _______ (Place and State)”.

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