ACT 125
COMPANIES ACT 1965 (REVISED - 1973)
PART II - ADMINISTRATION OF ACT

 
Section 11A. Electronic filing of documents.
 
Section 11A. Electronic filing of documents. (COMPANIES ACT 1965 (REVISED - 1973) - ACT 125) (1) The Registrar may provide a service for the electronic filing or lodging of documents required by this Act to be filed or lodged with the Registrar.

(2) A person who intends to use the service provided under subsection (1) shall become a subscriber to the service by paying the prescribed fee and by complying with such terms and conditions as may be determined by the Registrar.

(3) Only a subscriber to the service provided under subsection (1) may electronically file or lodge documents with the Registrar.

(4) A document electronically filed or lodged under this section shall be deemed to have satisfied the requirement for filing or lodgment if the document is communicated or transmitted to the Registrar in such manner as may be prescribed by regulations or approved by the Registrar.

(5) The Registrar may, by order published in the Gazette, prescribe the documents that may be electronically filed or lodged.

(6) A document that is required to be stamped, signed or sealed shall, if it is to be electronically filed or lodged be certified or authenticated in such manner as may be prescribed by regulations or approved by the Registrar.

(6A) Where a document is to be filed or lodged electronically, in place of a statutory declaration that must be made by a person under this Act, there shall be filed or lodged with the Registrar electronically a declaration made by the person in the manner prescribed by the Registrar and the Registrar may accept such statements as sufficient evidence of compliance.

(6B) Statements made by virtue of subsection (6A) shall be deemed to be such declarations as are referred to in sections 199 and 200 of the Penal Code [Act 574].

(6C) Where a document that is required to be signed and attested under this Act is to be filed and lodged electronically, the requirement for attestation of the signature does not apply.

[(6A) -(6C) Ins. Act A1299:s.2]

Evidentiary value of copies of electronically filed documents certified by Registrar

(7) A copy of or an extract from any document electronically filed or lodged with the Registrar under subsection (1) supplied or issued by the Registrar and certified to be a true copy thereof or extract therefrom under the hand and seal of the Registrar shall be admissible in evidence in any proceedings as of equal validity as the original document.

(8) Where a document is electronically filed or lodged with the Registrar, the Registrar or his authorized agents shall not be liable for any loss or damage suffered by any person by reason of any error or omission of whatever nature or however arising appearing in any document obtained by any person under the service referred to in subsection (1) if such error or omission was made in good faith and in the ordinary course of the discharge of the duties of the Registrar or of his authorized agents or occurred or arose as a result of any defect or breakdown in the service or in the equipment used for the provision of the service.

(9) Where a document is filed or lodged with the Registrar under this section which does not comply with any requirement of this section, the Registrar may serve on the person by whom the document was filed or lodged (or, if there are two or more such persons, on any of them) a notice indicating the requirement which the document does not comply with.

(10) Where a replacement document—

    (a) is filed or lodged with the Registrar within fourteen days after the service of the notice in subsection (9); and

    (b) complies with the requirement of this section,
the document shall be deemed to have been filed or lodged with the Registrar.

(11) For the purpose of any provision of this Act which imposes a penalty for failure to file or lodge a document, so far as it imposes a penalty for a continued contravention, no account shall be taken of the period between the filing or lodgement of the document at the first instance and the end of the period of fourteen days after the service of the notice under subsection (9).

[(9) - (11)Ins. Act A1299:s.2]