Company Registration Name: Registrar's Rules and Powers

           
The Registrar of companies bears a range of power and it is defined by the company’s law under Part 35 of the Companies Act 2006 and as applicable by the Limited Liability Partnerships or LLPs. The powers of the registrar are as follows,

• Taking the decision on the authenticity of the documents, the forms and the manner of delivery
• Entering into an agreement with companies and making way to a filing service, which is only available in electronical form only
• Doing necessary amendments in the registry, if the circumstance is such
• On certain circumstance that registry can even be annotated
• Setting the fees for the performance of the functions of the registrar

Now, here are the answers to few of the common queries made in terms of the rules and powers of the registrar,

What does the form, the manner of delivery and authentication of the documents mean?

The chief modes of delivering the documents to the registrar include electronic mode, which can either by means of a computer software system or through the website belonging to the Companies House or in form of paper. The only requirement happens to be that the document, which is deliverable, must meet the requirement of the registrar in terms of the format and the way, it needs to be signed and delivered. The requirement is determined by the legislative regulations, such as, Limited Liability Partnerships Act 2000 or Companies Act 2006.

If the document is being delivered in electronic form, then the registrar has the right to impose requirement in the manner of delivery or the authentication needs. This can be done under section 1117 of the Act.

In case the document is delivered in paper form then there are prescribed rules for the format of the paper form, how will the forms look and how they need to be filled up, who can sign them and where they should be sent?

What are the consequences for improper delivery?

If the document won’t be delivered on time then the registrar has the power to reject it. Although, it is even possible that the registrar might even accept the document, which hasn’t met the proper delivery requisites. This might happen that even if something is missing or irrelevant then it is not apparent to the registrar and he might accept it. Although, if the document is not properly signed or do not bear the proper authentication code by the act then it won’t be acceptable by the registrar at any case.

How long does the document is kept by the registrar?

The normal rule about keeping the original paper document by the registrar happens to be 3 years for both company documents and LLPs. Actually an electronic image of the document is been kept by the registrar. After the stipulated time the records can be destroyed by the registrar, who is holding the documents, at the time, when this provision is been enforced on October 1, 2009.

What needs to be done in case of dissolved companies and LLPs?

 If the LLP or the company has been dissolved for about 2 years then the registrar has the authority to direct the records related to them or he/she can even remove it to the Public Record Office for England, Northern Ireland and Wales or to the National Archives for Scotland.