Chapter XIII -
Electronic filing of documents
36(1) (i) Every form or application or document or declaration required to be filed or delivered under the Act and rules made there under, shall be filed in computer readable electronic form, in portable document format (pdf) to the Registrar through the portal maintained by the Ministry of Corporate Affairs on its web-site www.mca.gov.in or through any other website approved by the Central Government and authenticated by a partner or designated partner of the limited liability partnership for such purpose by the use of a valid digital signature:
Provided that where documents are required to be filed on Non-Judicial Stamp Paper, the LLP shall submit such documents in the physical form, in addition to their submission in electronic form, unless the Central Government, by an order, does not require submission in physical form.
(ii) Every designated partner, partner or person specified in the Act for authentication of e-form, documents or application etc., which are required to be filed or delivered under the Act or rules made there under, shall obtain a digital signature certificate from the Certifying Authority for the purpose of such authentication and such certificate shall not be valid unless it is of class II or Class III specification under the Information Technology Act, 2000.
(2) The Central Government shall set up and maintain –
(i) a website or portal to provide access to the electronic registry; and,
(ii) as many Registrar’s Front Offices as may be necessary and at such places and for such time as Central Government may determine from time to time.
for filing of e-Forms, documents and applications, etc., viewing and inspection of documents in the electronic registry.
(3) (i) The Central Government shall set up and maintain a secure electronic registry in which all the documents filed electronically shall be stored. The electronic registry so set up shall enable public access and inspection of such documents as are required to be in the public domain under the Act on payment of the fees as mentioned in Annexure “A”.
(ii) Every document or application or certificate or notice etc., required to be signed by the Registrar or an officer of the Central Government under the Act or rules made there under, shall be authenticated through a valid digital signature of such person or a system generated digital signature.
(iii) The Registrar or an officer of the Central Government, as the case may be, may send any communication either to the Limited Liability Partnership or its authorized representative, partners or both in the electronic manner for which the LLP shall create and maintain at all times a valid electronic address (e.g. E-mail, user Identification etc.) capable of receiving and acknowledging the receipt of such communication, automated or otherwise.
(4) The Registrar or an officer of the Central Government shall issue certificate, receipt, and approval or communicate endorsement or acknowledgement in the electronic manner:
Provided that where the Registrar or an officer of the Central Government, as the case may be, is not able to issue any certificate, receipt, endorsement, acknowledgement or approval in electronic manner for the reasons to be recorded in writing, he may issue such certificate, receipt, or communicate endorsement, acknowledgement or approval in the physical form under manual signature affixing seal of his office.
(5) The Registrar shall examine or cause to be examined every application or e-Form or document required or authorized to be filed by or delivered under the Act and rules made there under for approval, registration, taking on record or rectification by the Registrar as the case may be:
Provided that the e-Forms or documents identified as informatory in nature and filed under Straight Through Process (STP) may be examined by the Registrar any time after its filing.
(6) Where the Registrar, on examining any application or e-Form or document referred to in sub-rule (5), finds it necessary to call further information or finds such application or e-Form or document to be defective or incomplete in any respect, he shall give intimation of such information called for or defects or incompleteness noticed electronically, by placing it on the website and also by e-mail on the last intimated e-mail address of the person or the limited liability partnership, which has filed such application or e-Form or document, directing him or it to furnish such information or to rectify such defects or incompleteness or to re-submit such application or e-Form or document within the period allowed under sub-rule (7):
Provided that in case the e-mail address of the person or the Limited Liability Partnership in question is not available, such intimation shall be given by the Registrar by post at the last intimated address given in Form 12, or registered office address of the Limited Liability Partnership or the address of such person, as the case may be,. The Registrar shall preserve the facts of such intimation in the electronic record.
(7) The Registrar shall allow such period or periods but not exceeding thirty days in aggregate to such person or LLP which has filed such application or e-Form or document under sub-rule (5) for furnishing further information or for rectification of the defects or incompleteness or for re-submission of such application or e-Form or document.
(8) In case where such further information called for has not been provided or has been furnished partially or has not been provided or defects or incompleteness has not been rectified or has been rectified partially or has not been rectified to the satisfaction of the Registrar within the period allowed under sub-rule (7), the Registrar shall either reject or treat and label such application or e-Form or document as the case may be as “invalid” in the electronic record, and shall not take on record such invalid application or e-Form or document and shall inform such person or limited liability partnership as the case may be in the manner specified in sub-rule (6) .
(9) Where any document has been recorded as invalid by the Registrar, such document may be rectified by the limited liability partnership only through fresh filing with payment of fee and additional fee as applicable, without prejudice to any other liability under the Act.
(10) Save as otherwise provided in the Act, the Registrar shall not keep any document pending for approval and registration or for taking on record or for rejection or otherwise for more than one hundred twenty days, from the date of its filing.
(11) The Registrar in case finds any e-Form or document filed under Straight Through Process (STP), referred to in proviso under sub- rule (5), as defective or incomplete in any respect, at any time, he shall treat and label such e-Form or document as “defective” in the electronic registry and shall also issue a notice pointing out such defects or incompleteness in such e-Form or document at the last intimated e-mail address (if available) of the person or the LLP which has filed the document and also in writing by post at the address of such person or address of such LLP or registered office address of LLP, calling upon such person or LLP to file such e-Form or document afresh with fee and additional fee as applicable, after rectifying such defects or incompleteness within a period of thirty days from the date of such notice.