Registrar OF Companies (ROC) India
ROC stands for registrar of Companies. ROC has an office or sets off offices under the Ministry of corporate affairs.
The Ministry of corporate affairs is an authorized body that deals with Limited Liability Partnerships (LLPs) and the administration of companies. Registrar of Companies operates in all major union territories/major States.
Some major States, such as Maharashtra and Tamil Nadu, have more than one ROC. Other states, such as Chennai, have jurisdiction over more than one state.
For example, Chennai has jurisdiction over the ROC of Tamilnadu and the Andaman and Nicobar Islands union territory.
Section 609 under the Companies Act 1956 states that the Registrar of Companies in a state or union territory should be accounted for the registration of Limited Liability Partnerships (LLPs) as well as the administration of companies.
The same functions or powers that are mentioned in section 609 of the Companies Act 1956 are given to the ROC as mentioned in section 396 under the Companies Act 2013.
ROC also states that the requirements or provisions mentioned in Limited Liability Partnership Act, 2008, should be fulfilled by limited liability partnerships.
Registrar of Companies keeps all the necessary records, including the registration records of Companies that are registered with them.
The general public can review various companies' records for a particular fee. The government of India maintains proper administrative control between regional directives as well as members of the Registrar of Companies.
Until today there is a total of 7 ROC directors responsible for maintaining and authorizing ROC over their specified regions.
What is Registrar of Companies (ROC) India?
ROC stands for Registrar of Companies. There are offices built for ROC under the Ministry of corporate affairs.
Section 609 of the Companies Act explains the duties of the Registrar of Companies.
The main function or duty of the registrar of companies is to register the companies as well as LLP in a particular union territory or State.
ROC maintains all the registration records for the companies that are registered with them. Inspection by the public is allowed on these records but only on a particular prescribed free.
The Companies Act 2013 gives ROC powers that are mentioned under section 396, the same as that of section 609 of the Companies Act 1957.
There are a total of 22 Registrars of Companies located in India. It is also possible for States such as Maharashtra or Tamilnadu to have more than one ROC.
The administration and management of ROC are kept working under the central government of India in addition to regional directors. There are 7 ROC directors in India for their respective regional areas.
Functions of Registrar of Companies (ROC) India
There are certain rules and functions that ROC should follow. The main functions of the Registrar of companies in India are given below.
- Registrar of companies is responsible for a process known as the company incorporation procedure. This is a process where ROC manages and supervises the companies for registration processes.
- Registrar of companies is responsible for regulating and reporting various legal documents required by the companies. Certain information, such as stakeholders and members of the companies, are shared by ROC with the government authorities and required government officials.
- Registrar of companies plays a vital role in promoting an ethical and liquid business culture to the companies registered with them.
- A company needs to build its existence which is only possible if it is registered with ROC. When the company does a successful registration with ROC, then ROC provides an incorporation certificate that tells that ROC has successfully authorized the company. In other words, the company can only exist if they are registered with ROC, and the certificate exists.
- The registrar of companies has the right to see a certain type of information from companies, such as accounting books. They are also allowed to search and enquire about the company's premises in case of unlawful activity.
- Registrar of companies also has the right to publish a petition to close the company.
ROC offices location
The offices of the Registrar of companies are situated in different states and a union territory.
The principal place of the company and its business is filed in a required petition when the company is registered with ROC.
A form is also filled out by the company where they have obtained successful registration by the ROC.
Registration of company under the Registrar of Companies (ROC)
It is important for any company that wants to operate in India legally to register with ROC.
A certificate of incorporation is given to the company by the Registrar of Companies, meaning they have successfully registered.
A wide range of legal documents, such as the Memorandum of Association (MoA) and the Articles of Association (AoA), etc., are necessary for the company to submit to ROC.
It is also necessary for the company to issue a pre-incorporation form for the appointment of managing directors and directors, including a document signed by an individual stating that all the legal requirements and documents are provided and completed by the company.
When the ROC does the authentication and verification of the documents of the company, then they issue a certificate of incorporation and register the company's name in their register.
Role of ROC when registration of the company is completed
Even though the company registration is completed, ROC's functions and roles continue.
For example, the company needs to gain the approval of ROC if they want to change objectives, names, and other such features of the company.
Some certain documents or forms are mandatory for the company to be filed with ROC.
These documents include a Cost Audit report, Balance sheet, Annual returns, and Profit and Loss Account. The company also files annual forms with ROC mentioned in the company act.
The fees of ROC are different for different activities and different share capital of the business or company. The various fees for different purposes of ROC are given below.
Share capital of company Less than 1,00,000
Rs 200 for a document
Share capital of the company between 1,00,000 to 4,99,999
Rs 300 for a document
Share capital of the company between 5,00,000 to 24,99,999
Rs 400 for a document
Share capital of the company between 25,00,000 to 99,99,999
Rs 500 for a document
Share capital of company equal or above 1,00,00,000
Rs 600 for a document
Certificate of incorporation
Certified copies of any document
Rs 25 for a page
Refusal for registration of a company by ROC
Yes, ROC is allowed to refuse the registration of a company. This is only possible if the ROC is able to find a proper objection or a clause in the company's Memorandum of Association.
Roc can also refuse registration of a company based on its name, liability, object, capital, registered office, etc.
It is the right of ROC to refuse or deny registration of a company if it has any offendable or objectable name.
ROC is liable to refuse its registration if a particular company has an objectable or wrong objective for its aim.
It is mandatory for the company to file every resolution that they have to pass with ROC as perception 117 of the Companies Act.
These resolutions have to be filed within 30 days. The registrar of Companies keeps track of all the resolutions that registered companies pass.
There are various files and penalties mentioned in the Companies Act 2013 that can be charged to the company if they fail to file a resolution with ROC.
In addition, companies must share private information about changing managers and directors of the company with ROC.
Other information regarding companies, such as the prospectus, selling agents, and others, are also required to be shared with ROC.
Intangibles Valuation Services
Deal Advisory and Investment Documentation
The Register Of Companies ( ROC ) has offices and authorities that are regulated under the Ministry of Corporate Affairs (MCA).
These authorities control all the functions as well as regulations for the companies that are registered under them.
Filing ROC is important, which is mentioned under Company Act 1956 and Company Act 2013. In other words, the incorporation or registration of a company or LLP is regulated by The Register Of Companies ( ROC ).
Once the registration is successfully made by the company and approved by ROC incorporation certificate is delivered to the company.
However, ROC also has the right to deny registration of a company or regulation of incorporation certificate under certain conditions.
These conditions can include unlawful activities by companies, the objectable name of the company, and others.
In addition, if a company does not file ROC under a certain period, there are various penalties and heavy fees charged to the company.
FAQs Related To Registrar of Companies
1. Who is a registrar of a company?
Register of the company are authorities that are appointed under section 609 of the Companies Act. These authorities cover companies in various States as well as union territories. The primary duty of the ROC is to register various companies as well as LLPs in their registers. They ensure that all these companies' activities and objectives are lawful and legal.
2. How do I find a company's ROC?
To check the status of the register of companies of a particular company, log in to the Ministry of Corporate Affairs portal's official portal(MCA). After that, a user id, as well as a password, is required. There is a section known as get certified copies under MCA services. Enter the name of the company of which the ROC status is required. The detail of companies will enter on your screen. Click on these details to view them in particular.
3. What is the role of the registrar of a company?
There are several matters in which the Registrar of a company is involved in the existence of a business or company. The primary role of ROC is to register a company under themselves. They also keep track of certain information related to managing directors as well as managers of a company. ROC also does the filling of numerous documents. One of the main roles of ROC in every company is to promote ideal and ethical work culture.
4. Why is it called registrar?
Registrar is a person, official, or authority that keeps all the records in a register. So ROC is called a registrar of Companies because they keep all certain information, including the registration of all companies, in a register. Every company needs to register with ROC so that their existence and business become ethical and legal.
5. Is ROC filing mandatory?
Yes, it is important and mandatory for every company to file ROC and register themselves with ROC. ROC also issues an incorporation certificate to the company with successful registration. The Companies Act 1956 and Companies Act 2013 State annual filing of ROC is mandatory. As per these acts, LLP and other companies need to register themselves with ROC. The incorporation of an entity or company in India is made legal by ROC, which keeps them checked in for certain provisions and rules.
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