Signature

Querist : Anonymous (Querist) 16 September 2011 This query is : Resolved
Sir,

Now a days, Registrar of company has provide online portal to upload all documents like balance sheet, annual return of company, compliance certificate etc online.

In this case if some one has a copy that is physically signed by the person then the company can use " sd/-" on sign site and can upload the document on ROC website, its ok..

But if some important documents are never physically signed and though the copies have been uploaded by mentioning "sd/-" then can we lodge a criminal complaint against the wrong doers.

And under which section of IPC?

Please reply,

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Advocate Rajkumarlaxman (Expert) 17 September 2011
Forgery is one under IPC. File an FIR in the Police Station.

Further if the authentication is done and is accepted by the authority under whom that is issued. then there is no need of signature as the same is accepted under digital signature. these type of things come under INFORMATION TECHNOLOGY ACT 2005 IT ACT,

JUST GO THROUGH IT YOU WILL UNDERSTAND IT CLEARLY.

Guest (Expert) 17 September 2011
what happened to digital signatures? Since the process of uploading is periodical and authenticated one then the liablity can be drawn.

Moreover the physical document scaned and uploaded then also the libility can be inferred.

regarding punishment
[477A. Falsification of accounts.—Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, wilfully, and with intent to defraud, destroys, alters, mutilates or falsifies any 2[book, electronic record, paper, writing], valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or wilfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular from or in, any such 2[book, electronic record, paper, writing], valuable security or account, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

prabhakar singh (Expert) 17 September 2011
i agree with experts.

Guest (Expert) 17 September 2011
Documents uploaded do not need signatures irrespective of whether the sord sd/- is mentioned or not as digital signature of the company becomes part of the document. Any such document becomes authentic and cannot be backed out by the comapny management upon that.