Section 398 of the Companies Act, 2013
Section 398 of the Companies Act, 2013 deals with the provisions relating to the maintenance and inspection of documents in electronic form.
📘 Section 398 – Provisions relating to filing of applications, documents, inspection, etc., in electronic form
Key Points:
Central Government's Power to Make Rules:
The Central Government may make rules for the filing of applications, documents, returns, etc. in electronic form.
This also includes the manner in which such documents can be inspected, authenticated, and maintained electronically.
Electronic Filing and Maintenance:
Companies and individuals are permitted or required to file certain documents, applications, or returns electronically with the Registrar of Companies (RoC).
This includes maintaining registers or records in electronic form.
Authentication of Electronic Records:
Any document filed electronically shall be authenticated using digital signature or as per the manner prescribed under the Information Technology Act, 2000.
Inspection of Documents:
The Act also allows for inspection of electronic documents, subject to prescribed conditions and procedures.
📝 Purpose of Section 398:
To facilitate digital governance in corporate filings and improve transparency, efficiency, and ease of doing business through technology.
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