Registered Office of the Company Vis a Vis Companies (Incorporation) Third Amendment Rules 2022:
The Companies Act 2013 states that Company shall have Registered Office in pursuance of provision of section 12 of it.
“Registered Office means an office which is capable of receiving and acknowledging all communications and notices as may be addressed to it”.
To facilitate the Compliance of law in letter and spirit, The Government of India – Ministry of corporate Affairs has come up with Notification on 18th August 2022 relating to the verification of Register Office of company by Registrar.
The intention behind bringing the Companies (Incorporation) Third Amendment Rules 2022 is to seek the protection of interest of stakeholders at large.
The amendment seeks to verify the actual existence of Registered Office of the company at the address which is already been reported by Company to concern Registrar of Companies.
The Gist of the said notification is as follows:
- On the basis of documents submitted by company with regard to its registered office, the Registrar shall visit such place.
- The Said visit shall be in presence of two independent witness which reside in the vicinity of the registered office of the Company
- While visiting the Registered Office of the Company, the registrar shall carry the documents as filed by Company for the purpose of conducting such physical verification.
- The Registrar shall in the course of such physical verification, also cross verifies the documents submitted as proof of Registered Office by Company.
- The Registrar shall also take the pictures of the registered office of the Company.
- After conducting the physical verification, the Registrar shall prepare the Report of such Physical Verification of Registered office of the company.
- The Report of Registrar shall inter alia consist the following:-
> Name and Corporate Identification of the Company
> The address as verified by Registrar
> Date of authorization letter issued by Registrar of companies
> Name of Registrar of Companies
> The date and time of physical verification carried by Registrar
> Location details with landmark
> The Name, fathers name, Residential address of the witness whose presence was there during verification process of Registered office along with their relationship (if any) with the company
> Any Remarks which the registrar would like to keep
> The report shall consist of documentary proof like copy of agreement/rent agreement/NOC of owner, pictures of registered office, self attested ID card of the witness as available during physical verification of registered office and any other document as may be deem fit by Registrar.
- If Registrar deems that the registered office of the company is not capable of receiving and acknowledging all communication, notices, then the Registrar shall send a notice to the company and Directors of the said company stating his intention to remove the name of the Company from Registrar of Companies.
- The Registrar shall request the Company and its Directors to send their representation within 30 days of receipt of notice before taking an action in accordance with provision of Section 248 of Companies Act 2013.
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