Registrar of Companies in India: A Complete guide

The Registrar of Companies (ROC) is a key regulatory body under the Ministry of Corporate Affairs (MCA) in India. It regulates the incorporation, compliance, and regulation of companies registered under the Companies Act, 2013. There are several Registrar of Companies in India, and each of them is responsible for different states and union territories. This article presents a comprehensive overview of ROC filing, compliance, registration, and company search process.

What is the Registrar of Companies (ROC)?

The Registrar of Companies maintains a register of registered companies and firms. It maintains compliance with the law and provides transparency of corporate governance. The list of Registrar of Companies in India includes offices spread across various states, each dealing with company registrations and regulatory compliance within that region.

ROC Filing

All Indian companies have to follow ROC compliance rules by filing annual returns and financial statements. ROC filing is an obligatory process to maintain company compliance with corporate laws.

Important Aspects of ROC Filing:

• Annual returns and financial statements filing
• Disclosure of director changes, registered office, and capital structure
• Statutory audit and tax compliances
• Submission of board meeting resolutions

ROC Filing Due Date

The ROC filing due date is different depending on the type of filing:

• Annual Return (MGT-7): Within 60 days of the Annual General Meeting (AGM)
• Financial Statements (AOC-4): Within 30 days of the AGM
• DIR-3 KYC (for directors): Every year, by 30th September

ROC Filing Fees

The ROC filing fees is based on the authorized capital of the company and the type of document being filed. The fees structure is different for private limited companies, LLPs, and public companies.

Company Name Availability & ROC Name Search

Before proceeding with a company registration, checking for the availability of the company name by availing of the ROC name search facility on the MCA portal is of extreme importance. It makes sure the chosen name is distinct and is not currently employed by some other entity.

To confirm the registered status of a firm, companies can carry out a Registrar of Companies India firm search on the MCA website. The search yields information like the company’s CIN (Corporate Identification Number), directors, date of registration, and compliances.

Registrar of Firms & Certificate of Registration

In addition to companies, proprietorships and partnerships must register with the Registrar of Firms (or firm registrar). Once registered, firms obtain a certificate of registration from the Registrar of Firms, and this is legal evidence of their existence.

Foreign Company Registration in India

For foreign companies intending to have a presence, registration of a foreign company in India entails:

1. Approval from the Reserve Bank of India (RBI)
2. Registration with the Registrar of Companies (ROC)
3. Compliance with FEMA (Foreign Exchange Management Act) regulations

Conclusion

The Registrar of Companies is responsible for maintaining corporate compliance and governance in India. From ROC filing and compliance to checking availability of company names and registering foreign companies in India, it is essential to know the functions of the ROC for businesses. Compliance with ROC filing deadlines and regulations prevents companies from facing penalties and legal problems, allowing them to conduct business smoothly.

For ease of ROC compliance and professional help, Connect with Taxflick today.