• PART 2 PART 2 ELECTRONIC FILING

    • Chapter 1 Chapter 1 General provisions

      • 4. Application of Part

        (1) This Part applies to documents delivered to the Registrar using Electronic Filing and shall be construed accordingly.
        (2) The documents that may be delivered to the Registrar using Electronic Filing are specified from time to time on the website.

      • 5. Using Electronic Filing

        (1) To deliver a document using Electronic Filing the presenter must:
        (a) have access to the internet;
        (b) have an email account;
        (c) be a registered user of Electronic Filing (information about the registration process is available from time to time on the website of the Registrar);
        (d) subject to Rule 5(4), be a registered user for the company (or other body) to which the document relates (unless it is an incorporation package).
        (2) Subject to Rule 5(3), in delivering a document using Electronic Filing the presenter on behalf of the company (or other body) consents to any communication from the Registrar relating to or arising out of the delivery of that document being sent only in electronic form.
        (3) A company incorporated using Electronic Filing may request a paper copy of its certificate of incorporation from the Registrar.
        (4) A presenter who delivers a charge document either as an interested person or for and on behalf of an interested person must provide such supporting documentation as the Registrar may require.
        (5) The Registrar's requirements on how presenters register to use Electronic Filing are specified from time to time on the website.
        (6) An incorporation package may only be delivered by a presenter who has provided such supporting documentation as the Registrar may require evidencing their status as an incorporation agent.

    • Chapter 2 Chapter 2 Form of document

      • General requirements

        • 6. Document to be in the form of a template

          (1) Except for articles of association delivered with a company incorporation package (see Rule 7) accounts (see Rule 8), or copy instruments (see Rule 10 (2)), each document must be in the form of the template supplied for that purpose by the Registrar on the website.
          (2) The presenter must complete every data input field in a template unless the field is a non-mandatory one or there is otherwise no legal requirement or authority to provide the information requested.
          (3) Where a document template is used, the document template must be completed on-line while the presenter is logged onto Electronic Filing.

        • 7. The company incorporation package

          (1) This Rule applies to a company incorporation package.
          (2) The articles of association are viewed by selecting the "articles of association" link in the incorporation template.
          (3) Model articles can be viewed by selecting the "model articles" link in the incorporation template.
          (4) Articles of association delivered with a company incorporation package (if any) must be authenticated by the initial members on delivery to the Registrar in accordance with Rule 12.

        • 8. Accounts

          (1) This Rule applies to company accounts.
          (2) Company accounts may only be delivered using Electronic Filing if they are provided in a compatible PDF file.

        • 9. Notice of change of name

          A notice of change of name by resolution may only be delivered using Electronic Filing if:

          (a) it is specified where indicated in the relevant template whether the change of name is conditional on the occurrence of an event as contemplated by section 66(2);
          (b) it is accompanied by a copy of the resolution for a change of name in the form of a specified template; and
          (c) the resolution passed by the company is in the form of the resolution set out in that template.

        • 10. Charge documents

          (1) A charge document may only be delivered using Electronic Filing if it is accompanied by a copy instrument and the certificate referred to in section 784(3).
          (2) The copy instrument must be in the form of a compatible PDF file uploaded to the website with the charge document.
          (3) The certificate must be in the form of the template supplied for that purpose by the Registrar.
          (4) If the presenter elects to give the certificate under 784(3) using one of the prepopulated statements supplied by the Registrar by way of example in the relevant data input field, the presenter must satisfy himself as to the veracity and adequacy of the prepopulated statement and amend it as may be necessary before delivering the certificate to the Registrar.

    • Chapter 3 Chapter 3 Authentication

      • 11. Personal authentication

        (1) The requirements of this Rule are in addition to any other requirement imposed by this Chapter.
        (2) A document required by these Rules to be authenticated must, in the case of a company (or other body), be authenticated in the manner stipulated on the website by a presenter acting on the Company's behalf.

      • 12. The company incorporation package

        (1) The statement of compliance delivered under section 6(1) must be authenticated by each initial member to the articles of association by each initial member or by the initial members' agent, in each case in the manner stipulated on the website.
        (2) In authenticating the statement of compliance each initial member or the agent (as the case may be) instructs the Registrar to tag electronically the statement of compliance by way of authentication on his behalf.
        (3) The application for registration document delivered under section 6(1) must be authenticated by the person to be appointed in the manner stipulated on the website.
        (4) Authentication of articles of association for the purpose of section 6(4) shall be in the manner stipulated on the website.

      • 13. Authentication of documents other than accounts and charge documents

        (1) This Rule applies to any document delivered in respect of a company (or other body) except for company incorporation packages (see Rule 12) accounts (see Rule 14) and charge documents (see Rule 15).
        (2) The person who authenticates the document must belong to, or act under the specific authority of a person who belongs to, a category or class of person specified on the website or relevant template as being permitted to authenticate the document on behalf of the company (or other body).
        (3) The presenter may only use Electronic Filing to deliver a document in respect of a company (or other body) if he supplies the Registrar with the registered number and any other identifying code as may be specified by the Registrar from time to time of that company (or other body) every time he accesses the Electronic Filing facility on behalf of that company (or other body).
        (4) In selecting a template in which to deliver a document in respect of the company (or other body) the presenter instructs the Registrar to:
        (a) prepopulate the relevant data input fields with:
        (i) the registered number of the company (or other body); and
        (ii) the name of the company (or other body) associated on the Registrar's records with that registered number,
        by way of authentication on the presenter's behalf; and
        (b) tag electronically the document by way of authentication on the presenter's behalf such that the electronic record of the document is indelibly associated with the presenter and the company (or other body).
        (5) A notification of a director or secretary's appointment must be authenticated by the person being appointed in the manner stipulated in the relevant template.

      • 14. Authentication of accounts

        (1) This Rule applies to accounts.
        (2) The presenter of a company's accounts must act under the specific authority of that company's directors in delivering accounts to the Registrar.
        (3) The presenter must by way of authentication provide the Registrar with the registered number and any other identifying code as may be specified by the Registrar from time to time of that company (or other body) of the company in respect of which accounts are to be delivered.
        (4) The presenter instructs the Registrar to tag electronically the accounts by way of authentication on the presenter's behalf such that the electronic record of the document is indelibly associated with the presenter and the company (or other body).

      • 15. Authentication of charge documents

        (1) This Rule applies to charge documents.
        (2) A person who authenticates a charge document for and on behalf of the company (or other body) subject to the charge must belong to, or act under the specific authority of a person who belongs to, a category or class of person specified on the website as being permitted to authenticate the charge document.
        (3) The presenter of a charge document to be delivered for and on behalf of the company (or other body) subject to the charge must provide such supporting documentation as the Registrar may require prior to submitting the relevant charge document.
        (4) A presenter who authenticates a charge document as an interested person or for and on behalf of an interested person must provide such supporting documentation as the Registrar may require prior to submitting the relevant charge document.
        (5) The certificate referred to in section 784(3)is authenticated by:
        (a) the provision of an appropriate confirmation by the person giving the certificate in the manner stipulated on the website; and
        (b) the provision the name of the person giving the certificate.
        (6) The presenter instructs the Registrar to tag electronically the charge document by way of authentication on the presenter's behalf with such that the electronic record of the document is indelibly associated with the presenter and the company (or other body).

    • Chapter 4 Chapter 4 Delivery and receipt

      • 16. Manner of delivery

        (1) This Rule applies to all documents to be delivered through Electronic Filing.
        (2) Before he can deliver a document to the Registrar the presenter must be online and logged into Electronic Filing.
        (3) Save for when the document is a copy instrument a document or template is delivered when the presenter irrevocably submits it for filing on the website.
        (4) A copy instrument is delivered by delivering the charge document to which it is electronically linked.

      • Time of receipt

        • 17. Receipt

          (1) A fee-bearing document delivered using Electronic Filing and in respect of which the fee is tendered by credit card or debit card is received when the fee payment is completed.
          (2) Save as provided in Rule 17(1) a document delivered using Electronic Filing is received when irrevocably submitted for filing.