Physical verification of Registered Office of Company – Companies (Incorporation) Third Amendment Rules, 2022
MCA has introduced an amendment in Companies (Incorporation) Rules, 2014 and inserted a new rule 25B as per which the ROC can physically verify the registered office of the Company to check the authenticity of the registered company.
As we all know that as per section 12(9) of the Companies Act, 2013 a company shall, within thirty days of its incorporation and at all times thereafter, have a registered office capable of receiving and acknowledging all communications and notices as may be addressed to it.
Provision of ROC On Physical verification:
To ensure compliance of this section this rule has came into effect this rule came into effect from 18th August, 2022 as per this rule to ensure the compliance of section 12(9) The ROC can visit and cause the physical verification of the registered office of the company to check whether or not the company is maintaining proper registered office of the company while doing physical verification ROC can check all the documents filed on MCA portal relating to registered office of the company and can check the proofs like rent agreement etc. or any other proof relating to registered office of the co.
Based on the physical verification, if ROC finds that the registered office is not properly maintained and not capable of receiving any communication or notices then it will issue a show cause notice to the co. and all its directors for striking off the name of the co.
ROC based on information and documents available in the MCA Portal conduct physical verification of the company in the presence of two independent witnesses of the locality in which registered office is situated may also seek the assistance of the local Police for such verification if required.
A company is required to maintain a proper and functioning Registered Office which is capable of receiving letters and communication from the Regulatory authorities, departments, etc.
FCS Jaya Sharma-Singhania, Founder & Mentor of Jaya Sharma and Associates, which is a firm of Practicing Company Secretaries. She has been listed as one of the Top Best Ten Women Legal Consultants in India 2021 by Women Entrepreneur Magazine.
Masumi Gandhi is post graduate and aspiring company secretary who is currently undergoing her long -term training as a Junior associate with Jaya Sharma and associates She believes in that the person should always develop passion for learning.