ROC is liable for the guideline of Indian undertakings in Industrial and Services Sector. Under subsection 75 of section 2 of the Companies Act (India) 2013, The Registrar of Companies (ROC) is appointed.
As on today, there are 25 Registrar of Companies offices present all over India. Anyone can find ROC administrative offices in all the major states and Union Territories in India. The Central Government of India is the administrative controller of ROC.
The main duty of ROC is to register companies and LLPs (Limited Liability Partnership) from their respective states and UT areas and make sure that these organisations comply and manage their operations under the guidance of the Ministry of Corporate Affairs (MCA). ROC encourage doing businesses by keeping business morals.
Responsibilities of ROC
- The ROC mainly deals with enlistment of an organisation in the country.
- It concludes guideline and converging of organisations and their investors and directors and furthermore directs government revealing of a few issues which incorporates the yearly recording of various archives.
- Every organisation in the nation is to be requires the endorsement of the ROC to appear. The ROC gives fuse testament which is the convincing proof of the presence of any organisation. After the formation of a Company it cannot be shut down unless the same is legally dissolved and erase its name from the ROC
- The Registrar of Companies assumes a fundamental job in cultivating and encouraging business practices.
- Among different capacities, it is qualified to request valuable data from any organisation. It could look through its premises and hold onto the books of records with the earlier endorsement of the court.
- In particular, the Registrar of Companies could likewise record a request for ending up of an organisation.
Company Registration Process to the ROC
A company cannot get legal acceptance and accordance until it get registered with the ROC. The Registrar of Companies will issue a Certificate of Incorporation after it fulfill all the criteria and process with the incorporation documentation process.
The below mentioned documents are required to submit to the ROC for any company registration process.
- Memorandum of Association
- Articles of Association
- Agreement for the appointment of Directors and managing Directors
Capacity of ROC
- Incorporation Certificate of Company
As per the Certificate of Incorporation which is approved by the ROC, the company is born. The mentioned date of incorporation cannot be changed even if it was a mistake. No other authority in India can challenge on the Certificate of Incorporation issued by the ROC.
As per the Section 35 of the Companies Act, 1956 it implies –“Conclusiveness of certificate of incorporation. The incorporation certificate of company given by the Registrar in respect of any association shall be conclusive evidence that all the requirements of this Act have been complied with in respect of registration time and matters precedent. The association is a company authorised to be registered and duly registered under this Act.”
And also,
“Their Lordships will expect that states of enrollment endorsed by the Indian Companies Act were not properly conformed to; that there were not seven supporters of the reminder and that the enlistment centre should not to have allowed the testament, however the declaration is definitive for all reasons.”
- Capacity to call for data, investigate books and lead requests
According to the arrangements of Section 206 of the Companies Act, 2013, the Registrar may require any organisation to outfit data or clarification or produce any archive, if subsequent to investigating any report or on accepting any data, he feels that such records are essential.
The Registrar may likewise educate the organisation regarding realities, look for its answer and request a request in the event that he has motivation to accept that the matter of the organisation is being completed for a fake reason, or not in consistence with the Act, subsequent to giving the organisation a sensible chance of being heard.
- Search and Confiscation
The Registrar is enabled to acquire a request from the Special Court for the capture of books and papers of the organisation if after accepting data or else, he has motivation to accept that these books,
In this case the papers of the organisation are probably going to be modified, ruined, adulterated, emitted or pulverised. The Registrar or Inspector is additionally permitted to take duplicates and concentrates of such reports.
