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Analysis of Companies (Incorporation) Third Amendment Rules, 2022

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If ROC has a reasonable cause to believe that the Company is not carrying on any business or operations pursuant to section 12(9) of the CA,2013 ROC can carry out Physical verification of the Registered Office.

Companies (Incorporation) Third Amendment Rules, 2022

After the Amendment in Incorporation Rules, 2014.

Rule 25B* shall be inserted and to be read after 25A

*25B. PHYSICAL VERIFICATION OF THE REGISTERED OFFICE OF THE COMPANY BY ROC

1. The ROC has a reasonable cause to believe that the Company is not carrying on any business or operations pursuant to section 12(9) of the CA,2013 ROC can carry out Physical verification of the Registered Office.

2. The Registrar shall carry the documents as filed with the MCA while physical verification and shall cross check with the documents filed by the Company.

3. The Registrar shall take photograph of the registered office while on the performing physical verification.

4. The report of such verification shall be prepared and relevant attachments shall be attached.

5. Where the registrar is not getting any reply from the Company on the notices sent by it, The Registrar shall send a notice to the Company and its directors of intention to remove the name of the Company from the register of companies within 30 days from the notice.

Note:

(1) The verification shall be conducted in the presence of two independent witness of the locality.

(2) While performing the verification registrar may seek assistance of the local Police (If required).

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Author Info

Mayank Jha
Name: Mayank Jha
Qualification: CS
Company: Compliance Buzz
Location: New Delhi, Delhi
Articles Published: 30

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