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filing and registration are same?

shruthy (student) (39 Points)

21 January 2011

hi all

when iam reading company law i do come across the words "filing" and at some time places "registration" within the company law

are these two terms are one and the same

if they are diffrent please can any one please clarify me the diffrence between two and motive behind them and if possible some examples for each

thank you

shruthy

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3 Replies

Jayashree S Iyer (Company Secretary) (3224 Points)
Replied 21 January 2011

Filing means presenting of documents before the ROC by efiling of forms viz., Form 20B, 23AC, 23ACA, 23B, etc. as required under the Companies Act, 1956.

Registration on the other hand implies that the Registrar will enter the details contained in the form in the index of register maintained at ROC and then issue a certificate e.g. charge creation. Not all the forms require registration.

Experts correct me if I am wrong.

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cs ashwini kumar (Company Secretary in Practice) (173 Points)
Replied 25 January 2011

Filing - submission of any documents/forms with the MCA called filing

Taking on record by the MCA- suseqent to approval of such documents/forms by the MCA the same are taken in records.

Registration: When ROC issues a certificate then it may be called registration (e.g. Charge creation/Charge Satisfaction/ form 21 registration/name change/shifting of registered office/change in object clause/opening of liaison/branch office by the foreign co. and so on)

Sudhir Garg (Service) (236 Points)
Replied 25 January 2011

Further, filing precedes registration.

Some information needs to be intimated to ROC like Filing of Form 2 for allotment, Form 32 for changes among directors and don't need registration. However, creation of charge, amendment in MOA etc which needs approval of ROC, is generally done by way of issuing certificate or registration.

Furthermore, please also concentrate on wordings. filing and registration in itseld very clear wordings.

Regards- Sudhir