The Ministry of Corporate Affairs vide COMPANIES (INCORPORATION) THIRD AMENDMENT RULES, 2022 dated 18.08.2022, which shall come into effect from 18.08.2022 itself, introduced a new rule i.e. Rule 25B, where the ministry has taken stringent measures to put an end to deceits wherein unofficial registered offices of various companies, which actually don’t have the registered office but as per the records given to MCA registered offices are present. Now the ministry shall take active steps to stop this vide the amendments.
Let us understand in detailed about the applicability of newly introduced “RULE 25B” after Rule 25A, Rule 25B is inserted:
1. If the registrar has reasonable cause to believe as per section 12(9) of the Companies Act, 2013 that company is not carrying any business after its incorporation, then as per the details provided in MCA, the registrar shall visit the registered office address of the company and verify physically about the genuineness of the company along with two local independent witness, can also seek local police assistance, if required.
2. The Registrar shall carry all the documents made available in MCA site by the company at the time of physical verification, and shall verify the same from the occupants of the registered office property, and shall also take photographs of the property.
3. Once the physical verification of registered office is done, the report shall be prepared by the registrar. The following shall be its format:
| SL NO. | PARTICULARS |
| 1 | Name and CIN of the Company |
| 2 | Address of RO as per MCA records |
| 3 | Date of Authorization Letter issued by ROC |
| 4 | Name of ROC |
| 5 | Date and Time of visit for physical verification |
| 6 | Location Details along with its landmark |
| 7 | Details of the person available at the time of physical verification |
| 8 | Remarks if any, |
| 9 | Documents attached:
Copy of Rent/Lease Agreement/ NOC of the RO Photograph of the RO Self Attested Identity Proof of the persons available Any other Documents |
| Date Signature of the Official
Place |
|
b Where no acknowledgments/ communication are received at the RO of the company, the Registrar shall send notices to the company along with all the directors of the company for removal of companies name from the ROC, and shall ask of its reply within 30days from date of service of notice.
Contravention of the above shall strike section 248 of Companies Act, 2013.
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