Companies Act 2014 section 35

Authorisation of an electronic filing agent

Section 35 sets out how a company may authorise an electronic filing agent to sign and deliver documents to the Registrar of Companies on its behalf, and the conditions that must be met for such filings to be legally valid.

• A company may authorise an approved electronic filing agent to electronically sign and deliver statutory documents to the Registrar on the company's behalf.
• Before the agent files anything for the first time, the company must notify the Registrar of the authorisation using the prescribed form, and the filing must comply with the Registrar's electronic commerce requirements.
• Both the company and the electronic filing agent share joint responsibility for managing and controlling the documents submitted, though the agent is not treated as an officer or employee of the company for auditor independence purposes.
• A person must apply to and be approved by the Registrar to act as an electronic filing agent, and trust or company service providers must hold a relevant authorisation under anti-money laundering legislation in order to be approved or to retain that approval.