Section 12: Registration of documents

12. Registration of documents (1) On receipt of a document for registration under this Act, the Registrar shall— (a) subject to subsection (2), register the document; and (b) issue to the person from whom the document was received, a written acknowledgement of receipt of the document. (2) The Registrar may refuse to register a document submitted to him for registration under this Act where the document— (a) is not in the form approved by him; (b) is not in accordance with this Act; C35 – 25 [Issue 9] Companies Act (c) is not printed or typewritten; (d) is not in a form that enables particulars to be entered directly, by electronic or other means, in the device or facility where the register is kept wholly or partly by means of a device or facility referred to in section 11 (2); (e) has not been properly completed; (f) contains any matter contrary to law; (g) contains any error, alteration or erasure; (h) contains any material that is not clearly legible; or (i) is not in accordance with any directive or notice issued by the Registrar. (3) Where the Registrar refuses to register a document under subsection (2), the Registrar shall, within 5 working days of the day on which the document was submitted for registration, give notice, in writing or by using such means of communication as may be determined by him, to the person who submitted the document and may require— (a) that the document be appropriately amended or completed and submitted for registration again; or (b) that a fresh document be submitted in its place, on payment of the prescribed fee and within such time limit as may be decided by the Registrar. (4) A document submitted under subsection (3) within the time limit imposed thereunder shall, in all circumstances, be deemed to have been filed on the day the document was first submitted under subsection (1). (4A) Where a document is not collected for the purposes of subsection (3) (a), or is not resubmitted within the time limit specified in a notice under subsection (3) (b), the document shall— (a) be deemed not to have been filed; and (b) in the case of a document not collected for the purposes of subsection (3) (a), be disposed of by the Registrar in such manner as he may determine. (5) The Registrar may, for the purposes of this section, issue such directions as he considers necessary. (6) For the purposes of this Act, a document shall be registered when— (a) the document is filed in a register kept by the Registrar; (b) particulars of the document are entered in any device or facility referred to in section 11 (2). (7) The registration or the refusal of registration of a document shall not, in respect of that document, affect its validity or create a presumption as to the correctness of the information it contains. (a) affect the validity of the document; (b) create a presumption as to the correctness of the information contained therein. [Issue 9] C35 – 26 Revised Laws of Mauritius (8) The Registrar may, from time to time, issue Practice Directions setting out— (a) the form of notices required to be given to the Registrar under this Act; or (b) the procedure to be followed in registering documents or performing any act or thing required to be done under this Act. (9) Any Practice Direction issued under subsection (8) shall be published in the Gazette and shall remain in force unless amended or revoked by publication in the Gazette. [S. 12 amended by s. 5 (b) of Act 18 of 2008 w.e.f. 19 July 2008; s. 7 (b) of Act 14 of 2009 ctice Directions setting out— (a) the form of notices required to be given to the Registrar under this Act; or (b) the procedure to be followed in registering documents or performing any act or thing required to be done under this Act. (9) Any Practice Direction issued under subsection (8) shall be published in the Gazette and shall remain in force unless amended or revoked by publication in the Gazette. [S. 12 amended by s. 5 (b) of Act 18 of 2008 w.e.f. 19 July 2008; s. 7 (b) of Act 14 of 2009 w.e.f. 30 July 2009; s. 7 (a) of Act 27 of 2013 w.e.f. 21 December 2013; s. 9 (b) of Act 18 of 2016 w.e.f. 7 September 2016.]