Companies Act Section 399 — Inspection, production and evidence of documents kept by Registrar
CHAPTER XXIV REGISTRATION OFFICES AND FEES
Commercial / Corporate
Summary
Sub-section (1) allows any person to inspect, through electronic means, documents kept by the Registrar that were filed or registered under the Act, or that record any fact required to be recorded or registered under the Act. This inspection is available on payment of the prescribed fees. The same sub-section also allows any person to request a certificate of incorporation of a company, or a certified copy or extract of any other document, from the Registrar, on payment of the prescribed fees in advance.
The proviso to sub-section (1) places limits on these rights. Under clause (i), for documents delivered to the Registrar with a prospectus under section 26, the rights can only be exercised during the fourteen days starting from the date the prospectus is published, and at any other time only with the permission of the Central Government. Under clause (ii), for documents delivered under clause (b) of sub-section (1) of section 388, the rights can only be exercised during the fourteen days starting from the date of the prospectus, and at any other time only with the permission of the Central Government.
Sub-section (2) states that no court or the Tribunal can issue a process to compel the production of any document kept by the Registrar, unless that court or the Tribunal grants leave for it. If such a process is issued, it must carry a statement saying that it was issued with the leave of the court or the Tribunal.
Sub-section (3) provides that a copy of, or extract from, any document kept and registered at any of the offices for the registration of companies under the Act, if certified as a true copy by the Registrar, will be admissible as evidence in all legal proceedings with the same validity as the original document. It is not necessary to prove the Registrar's official position for this purpose.
Official Text
(1) Save as otherwise provided elsewhere in this Act, any person may—
(a) inspect by electronic means any documents kept by the Registrar in accordance with the rules made, being documents filed or registered by him in pursuance of this Act, or making a record of any fact required or authorised to be recorded or registered in pursuance of this Act, on payment for each inspection of such fees as may be prescribed;
(b) require a certificate of the incorporation of any company, or a copy or extract of any other document or any part of any other document to be certified by the Registrar, on payment in advance of such fees as may be prescribed:
Provided that the rights conferred by this sub-section shall be exercisable—
(i) in relation to documents delivered to the Registrar with a prospectus in pursuance of section 26, only during the fourteen days beginning with the date of publication of the prospectus; and at other times, only with the permission of the Central Government; and
(ii) in relation to documents so delivered in pursuance of clause (b) of sub-section (1) of section 388, only during the fourteen days beginning with the date of the prospectus; and at other times, only with the permission of the Central Government.
(2) No process for compelling the production of any document kept by the Registrar shall issue from any court or the Tribunal except with the leave of that court or the Tribunal and any such process, if issued, shall bear thereon a statement that it is issued with the leave of the court or the Tribunal.
(3) A copy of, or extract from, any document kept and registered at any of the offices for the registration of companies under this Act, certified to be a true copy by the Registrar (whose official position it shall not be necessary to prove), shall, in all legal proceedings, be admissible in evidence as of equal validity with the original document.