ACS Suman Gupta

Search Report as the name suggests is related to a report based on some facts and figures of a particular search. It is a basic Tool for Inspection of Company’s Records in hands of stakeholders specially Banks. The various  stakeholders of a company are interested in the matters and activities of a company for their personal benefits as regards investment, repayment etc is concerned. Generally all documents filed or registered by ROC are available for inspection on payment of prescribed fees. However there can be exceptions, old documents like profit and loss account of private limited company may be destroyed by ROC hence not available for inspection (Section 206 of CA 2013)

Search Report is mainly prepared by professionals like CA, CS, CWA, Advocates after detailed inspection from the records of the Registrar of Companies.

Process for Inspection of Documents:

We have to pay fees of Rs 100 through generation of challan from MCA site in view public document option. After payment of fees, the documents of the company shall be available in “My Documents” option of MCA site and you can view the documents of the company and take copies for a total duration not exceeding 3, three hours and within 7, seven days. So on the basis of the information available on site we can prepare the search report.

If we feel that all the documents filed by the company are not available on site of MCA we can approach in person to ROC with fees paid challan who shall allow you physical inspection of documents filed by the company from where we can note down the required details. The challan for public inspection should be in the name of the person who shall visit ROC office or shall have an authority letter with him in case the challan is in the name of company or any other entity. It shall be noted that notes should be taken with pencils as pen is not allowed to take notes.

Now a day, Banks are more emphasizing on demanding Search Repots from Companies while opening of Bank Accounts or giving the Loan to  Companies. The need for Search Reports arises to keep themselves (Banks) safe and to ensure that the company is not defaulting one or not having defaulting directors and to know the complete history and information about the company.

It generally includes:

  • Name of Company
  • Registered Office Address of the Company
  • Capital Structure of the Company
  • List of Directors of the company since incorporation
  • List of Shareholders of the company since incorporation
  • List of Registered Charges since incorporation etc.
  • The Report may include the other matters also as per the demand of the Bank Officials.

A search report traces the history of a company or the property held by the company- i.e. who is the original owner of the property and how it has mortgaged with various banks over a period of time before reaching the present Bank who has demanded the Search Report. This is an important part of a loan process by Banks to the Companies

Search Report are the basic tool in the hands of the Banks to know about the viability of their customer who approach the banks for CC Limits, Term Loans or otherwise. As the sole moto of the Banks is to provide the loan to the customers is for earning the interest. Hence the Banks want the current position of the assets being pledged by the companies. And the only way to know whether such property is already pledged to some other bank or not, is the Search Report. In such search reports, the Professional gives the complete information about the loans already taken by the company. The basic information given in Search Report about the existing Loans is as follows:

1. The date of Loan taken by the company and the charge created in such respect

2. The name and Address of the Charge Holders i.e. Bank

3. The type of Charge i.e whether joint charge or consortium charge

4. The Amount of loan

5. The property Charged or pledged against such loan

6. The terms and conditions of such loan

i. The rate of interest

ii. Terms of Repayment

iii. Margin Money

iv. Extent of Operation

Modification : If the charge has been modified during the continuation of such charge, the details are also provided that on which date the charge had been modified and what was the nature of such modification.

Charge satisfaction: If any time any charge is satisfied, i.e the whole amount is paid back by the company to the Bank, Form CHG 4 in respect of Charge satisfaction is being filed and the information about such satisfaction is also provided by the professional in such report on demand of banks

Hence, it can be said that the search reports serve the complete purpose of stakeholders to know about the company in which they are going to invest, control, manage, provide loan, enter into a contract etc. 

Disclaimer: This is only a knowledge sharing initiative and author does not intend to solicit any business or profession. I assume no responsibility for the consequences of use of such information. In no event shall  be liable for any direct, indirect, special or incidental damage resulting from arising out of or in connection with the use of the information. it is not a professional advice so please do consult your professional adviser for your queries

(The author can be reached at guptacssuman@gmail.com)

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Category : Company Law (3562)
Type : Articles (15281)
Tags : Companies Act (2033) Companies Act 2013 (1805) ROC (56)

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