ROC OFFICERS NOW CAN VISIT REGISTERED OFFICE OF THE COMPANY

MCA vide its Notification dated 18th August, 2022, by insertion of Rule 25B in Companies (Incorporation) Rules, 2014 has granted power to ROC, when it thinks to do so, to conduct physical verification of the registered office of the company.

The summary of the above amended Rules are summarised below

  • Where 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.
  • As per the Amended Rules, the Registrar (ROC), based upon the information or documents made available on MCA 21, shall visit the address of the registered office of the Company and may cause the physical verification of the said registered office for the purposes of Section 12(9) of the Companies Act, in the presence of two independent witnesses of the locality in which the said registered office is situated and may also seek the assistance of the local Police for such verification, if required.
  • The Registrar, while carrying physical verification of registered office of the company, may ask company to present original documents relating to Registered office of the company for cross verification.
  • Where the registered office of the Company is found to be not capable of receiving and acknowledging all communications and notices, the Registrar shall send a notice to the Company and all its directors, of his intention to remove the name of the Company from the register of companies and requesting them to send their representations along with copies of relevant documents, if any, within thirty (30) days from the date of the notice before taking further actions under the provisions of section 248 of the Act

To avoid such consequences, heavy penalties on the company and its officers and the actions such as removing name of the company from the register of companies, the Director of the company and other person who are in charge of the management of the company are hereby advised to take the note of above rule and comply strictly with the section 12 of the companies Act, 2013.

In pursuance of section 12 of the Companies Act, 2013, it is advisable to company, its management, its Shareholders and the Directors of the company that

Every company shall—

1. paint or affix

2. its name,

3. the address of its registered office,

4. registered e-mail Id of the Company,

and keep the same painted or affixed, on the outside of every office or place in which its business is carried on, in a conspicuous position, in legible letters, and also painted and affixed in Local Language of the area where Registered office of the company is situated.

1. get its

i. name,

ii. address of its registered office and the

iii. Corporate Identity Number (CIN)

iv. telephone number, fax number, if any,

v. e-mail and website addresses, if any,

vi. printed in all its Letter heads, business letters, billheads, letter papers and in all its notices and other official publications; and

vii. have its name printed on hundies, promissory notes, bills of exchange and other document

Kindly Note that where a company has changed its name during the last two years, it shall also paint or affix, along with its current name, the former name so changed during the last two years.

In case of One Person Company (OPC), the words “One Person Company” shall be mentioned in brackets below the name of such company, wherever its name is printed, affixed or engraved.

Author Bio

Qualification: CS
Company: MNB & Co. LLP, Company Secretaries
Location: Mumbai, Maharashtra, India
Member Since: 31 Jan 2022 | Total Posts: 2

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