30 Aug 2019, 16:03 — 5 min read
Under the Ministry of Corporate Affairs (MCA) there is the office of the Registrar of Companies (ROC). It is a body in India dealing with the administration of companies and Limited Liability Partnerships. It is a state-level body and is presently available at 22 Registrar of Companies (ROCs) in the major states. However, there are states with more than one body for the ROC like Tamil Nadu and Maharashtra.
It is the Companies Act, 1956 dealing with the regulation of ROCs. Section 609 of the Companies Act, 1956, deals with the duty of registering companies and LLPs across the country in different states and union territories. For Limited Liability Partnerships [LLPs],there is a separate provision for acknowledging the LLPs which show full compliance with the legal requirements as listed in the Companies Act, 2013 with the help of Regional Directors.
The major functions of ROCs are as follows:
For the coming of a company into existence, a certificate of incorporation is a must. The certificate of incorporation is issued by the Registrar of Companies. This certificate can only be granted after ensuring compliance of several statutory requirements. The first step towards having a certificate of incorporation is that the promoters submit several documents to RoC. The list of documents are as follows:
The next step, after having the documents authenticated, the ROC inputs the company’s name in the register of companies and releases the certificate of incorporation.
It is not obligatory on the part of the ROC to register a company. It can choose to refuse the registration of a company on several grounds.
Section 117 of the Companies Act requires every resolution to be filed with the ROC within 30 days of being passed. The Registrar of Companies maintains a record of all such resolutions. The Company law has also had a penalty clause, invoked in case of failure to file the resolutions with the registrar within the stipulated time.
Also read: Vendor Agreement: Why is it important?
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Posted byVakilsearch Staff
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