The Registrar of Companies (ROC) is an agency under the Ministry of Corporate Affairs (MCA). It is responsible for the regulation of companies and limited liability partnerships. Companies organized in accordance with the company law of 1956 must apply to the registrar of companies as part of their annual e-filing.
Here you will know about ROC filing and other factors associated with it.
What is ROC filing?
The procedure of ROC filing
MCA procedure for ROC e-filing (www.mca.gov.in)
ROC’s Role
ROC could decline registration
ROC continues to play its role even after a company is registered
What is ROC filing?
Every organization must file its annual reports and its annual return, according to Company Law, 2013, within 30 days and 60 days respectively at the end of the Annual General Meeting. The annual account filing of ROC’s shall be regulated by Section 129(3), Section 137 of the Companies Act, 2014, Rule 12 and Section 92 of the Company’s Law, 2013 as specified by Rule 11 of the Companies (Management and Administration) Laws, 2014 and Annual return shall apply.
The procedure of ROC filing
By the following process you can easily see the guidelines for ROC reporting on the tax return and annual accounts:
- Hold a meeting of the Board
- Authorize the auditor, under Annex III of the Companies Act, 2013 to file financial statements.
- Authorize the Director or Secretary of Business, in compliance with the company’s law of 2013, to prepare the Board Report and Annual return.
- Hold a different Board of Directors’ Meeting, the Board Report, and Annual Return to approve draft Financial Statements.
- Conduct and adopt the appropriate resolutions at the annual general meeting of the organization.
MCA procedure for ROC e-filing (www.mca.gov.in)
- The form can be downloaded from the MCA website under the following table (i.e. AOC-4 and MGT-7).
- Then from MCA menu services, choose e-filing, and then update the client form and then fill all the information.
- Fill in the relevant company e-forms and add the pdf or XML documents as needed by the form
- After that Press Check form.
- Add the Director’s and Practice Professor’s digital signature (if necessary, OPC and small business)
- Now do pre-script.
- Fill out all the e-forms of the organization.
- Register as a business user or registered user on the MCA site. Login with your ID and password when you’ve registered on the site.
- When you have logged in you will upload E-forms and from the location of your system, check the completed and signed form.
- The program automatically generates a payment window after uploading the file. You will choose either of an option –
- Pay later and save the produced challan and pay in due course
- Pay concurrently by Internet banking or by debit/credit card and save for future reference the payment challan.
- You can monitor the transaction status of your form from the MCA services menu once you have completed this process. You just have to put the SRN no. produced in the challan and you will know whether your form has been accepted or pending.
ROC’s Role
- The ROC is responsible for registering a company in the country (also known as a company’s incorporation).
- This complements the supervision and monitoring of corporations and their shareholders and directors, as well as oversees state reports on many topics, including the submission of various documents on an annual basis.
- To promote and encourage corporate culture, the company registrar plays a significant role.
- Each company in the country needs to have the ROC’s approval. The ROC issues a certificate of incorporation that proves a company’s existence. When a corporation has been formed, it can not stop until the company’s name is removed from the company register.
- It should also be noted, among other functions, that the Companies Registrar may ask any company for additional details. With the prior consent of the court, it will search the premises and seize the accounts.
- More significantly, the business registrar may also send a request to conclude a product.
ROC could decline registration
For different reasons, ROC may refuse to register a company. There are five clauses viz. in the association memorandum (MOA), which is shared with the registrar. The clause of name; things, registered office, capital, and liability clauses. The clause of the name.
The registrar will make sure that businesses with an objectionable name are not permitted to file. Any business that has illegal purposes should also not sign the registrar.
ROC continues to play its role even after a company is registered
The ROC Association and business have no stop. For example, a business may need to change its name, goals, or registered office. In each case, after completion of the formalities, a business will communicate with the ROC.
