The Registrar of Companies (ROC) is a workplace that is under the Ministry of Corporate Affairs (MCA), which is the body that deals with the administration of firms in the Companies Act 1956 and Companies Act 2013.
Currently, twenty-two Registrar of Companies (ROCs) is working around the key states.
However, states like Tamil Nadu and Maharashtra, have more than one ROC.
According to section 609 of the Companies Act, 1956, the ROCs are aimed at the principal duty of registering both companies and LLPs across the states and the union territories.
The Registrar of Companies additionally certifies that LLPs (Limited Liability Partnerships) fits the legal necessities contained within the Companies Act, 2013.
Registrar of Companies maintains a register of records regarding firms that area unit registered with them and permits the overall public in accessing this data on payment of a stipulated fee.
Functions of ROC
1. The ROC takes care of the registration of a company (also referred to as incorporation of the company) in the country.
2. It completes regulation and coverage of firms and their shareholders and administrators and conjointly administers government coverage of many matters which has the annual filing of diverse documents.
3. The Registrar of Company (ROC) plays a vital role in fostering and facilitating business culture.
4. Each company within the country needs the approval of the ROC to come back into existence. The ROC provides an incorporation certificate which is conclusive evidence of the existence of any company. A company, once incorporated, cannot cease unless the name of the company is struck-off from the register of companies.
5. Among alternative functions, it is worthy to note that the Registrar of Companies could also ask for supplementary information from any company. It could search its premises and seize the books of accounts with the prior approval of the court.
6. most significantly, the Registrar of Company might conjointly file a petition for the closing of a corporation.
Filling Resolutions with the ROC
As per the provisions contained in section 117 of the Companies Act, every resolution is required to be filed with the ROC within 30 days of being passed.
The Registrar of Companies must record all such resolutions.
The Company law has also laid down the penalty in case of failure to file the resolutions with the registrar within the stipulated time. In other words, a company is required to intimate the Registrar of Companies concerning all of its activities which includes appointing directors or managing directors, issuing prospectus, appointing sole-selling agents, or the resolution concerning voluntary affecting, etc.
