Registrar of Companies India (A Comprehensive Guide)

Do you have any idea how to form your company? That is a great one! But are you aware of the formalities and processes for starting your company? Are you familiar with the Registrar of Companies India? You must register your new company with the Registrar of Companies without failing to run your company. 

If you feel confused, don’t worry. This article helps you get an idea about the Registrar of Companies in India. You become more confident in the ongoing process if you know the Registrar of Companies in India. Read to the end to learn more about the Registrar of Companies in India.

First, let us know what is meant by the Registrar of Companies.

What Is a Registrar of Companies?

The Registrar of Companies (ROC) is an office under the Ministry of Corporate Affairs (MCA). MCA deals with the Companies Act, the Limited Liability Partnership Act, etc. So, if you are about to start a company, you must register under any of these acts that suit you. The Registrar of Companies takes care of your company’s registration. There are currently 25 Registrar of Companies operating from offices all over India. A few states, like Maharashtra and Tamil Nadu, have two ROCs each. 

The Registrar of Companies ensures that companies and LLPs comply with the required compliances under the Companies Act. They maintain a registry and make it available to the public on demand. Thus, the Registrar of Companies provides transparency of every firm’s activities to the public. The Union Government controls the Registrar of Companies with the help of Regional Directors. There are 7 Regional Directors as of now, and they supervise the functioning of ROCs.

The Registrar of Company takes care of your company registration (also known as incorporation) in India. ROC reports on and regulates your company and its directors and shareholders. In addition, it oversees government reporting of various matters, including the annual filing of your company’s documents.

These are the various crucial functionalities of the Registrar of Companies. So now, let’s look into the location of ROCs in India. 

Where Is the Registrar of Companies in India?

You can find the office of the Registrar of Companies in almost every state of India. The branches are there all over India to ease the registration of your company. There are currently 25 ROC across all major states of India. Few states like Maharashtra and Tamil Nadu, have two ROCs to tackle the emerging needs. You can find a list of ROCs and their addresses in the official MCA website portal at https://www.mca.gov.in/content/mca/global/en/contact-us/rd.html 

Now, you are familiar with the ROC to register your company, right? So, why are you waiting? Go ahead and register your company in the ROC. You can apply for your company, and upon verification, the ROC issues you the incorporation certificate. In the middle of the process, how do you verify your company’s registration status? Read further.

How Can I Check Company Registration in India?

Once you register your company under ROC, you will receive an incorporation certificate within ten days of verifying your details.  You can also check the details of the company online.

Follow the simple steps below to check the status.

1. Login to your account in the official MCA website portal.
2. Go to the MCA Services tab. In the drop-down click on the ‘View Company/LLP master data’.
3.  Enter the required details like your company’s name, Identification number, CIN, etc., and click submit.

You will get every detail about your company, including:

• CIN
• Name
• ROC code
• Registration Number
• Category
• Class of company
• Incorporation date
• Number of Members
• Registered address and email
• Details of all directors in your company.

Thus, you can check the status of your company registration process. If it gets completed, you can also download the incorporation certificate online. Now, you may doubt whether you should file your company with ROC. Let’s find an answer to this.

Is ROC Filing Mandatory?

Yes, the ROC filing for your company is mandatory in India. You must file your company’s annual returns and financial statements with ROC every year, without fail. According to Section 137 of the Companies Act 2013, every company, which includes LLPs, OPCs etc., should file its financial statements in Form AOC-4 with the Registrar of Companies. You must file this AOC-4 form within 30 days of your Annual General Meeting. 

The details of your company’s annual returns come under forms MGT-7, and MGT-7A. You must file these forms with ROC annually, without fail. 

It provides the status of your company’s operations to the Government. All the above forms with ROC are crucial for tax calculations and other liabilities in your company. 

So yeah, ROC filing is mandatory for your company. But what happens if you fail to file your documents with ROC? Are you aware of the consequences?

What Happens If ROC Is Not Filed?

As you know, ROC filing is mandatory for your company. If you didn’t file it, you must meet the consequences of the Ministry of Corporate Affairs. You are liable for a penalty for late filing of your ROC forms. The due date for filing forms with ROC is 30 days and 60 days after your company’s Annual General Meeting for AOC-4 and MGT-7 respectively.

If you file your financials and annual returns (form AOC-4 and MGT-7) after the due date, you must pay Rs.100 per day until you file the same. In the case of Form AOC-4 i.e., a consolidated statement of all your financial statements, the penalty is Rs.1000 per day.

Effect on your Company

Still, if you didn’t file any forms with ROC for two years continuously, your company is coined an “inactive company”. ROC assumes that your business is closed because you didn’t file forms AOC-4 and MGT-7 for two years continuously. In such a situation, your company’s bank account is frozen. 

Further, the Registrar issues a notice to your company and initiates a strike-off of the company from the MCA records after providing a reasonable opportunity to be heard.

Effect on the Directors

If the directors of your company fail to file both Form MGT-7 and AOC-4 for three years continuously, they are disqualified. They cannot be re-appointed in the same company or appointed as a director in any other company for the next five years.

These are the various consequences if you fail to file the ROC for your company. Be mindful of them and submit your ROC forms by the due date.

FAQs: Registrar of Companies India

Who is responsible for filing ROC?

The directors of your company are responsible for filing ROCs. The Companies Act 2013 requires you to file your company’s annual returns & financial statements with the ROC regularly to maintain compliance with the relevant laws and regulations. If the directors fail to file the ROC forms, they may be disqualified and cannot continue as directors for 5 years.

Why is ROC filing needed?

ROC filing helps to maintain accurate and up-to-date records of your company. It ensures your company’s legal compliance and demonstrates its commitment to transparency and credibility. 

You can also view the financial status of your company through ROC forms. It helps to analyze the profit or loss of your company. It also serves as your company’s proof of existence, as the Government keeps this record. If you file ROC forms regularly, the Government assures the existence of your company. You can also avoid penalties with the regular filing of ROC forms.

What is the difference between ROC filing and ITR filing?

You must file your ITR returns with the Income tax department. It showcases your company’s annual returns and expenses to pay the tax you are liable to pay to the Government.

Whereas, you should do ROC filing with the Registrar of Companies. It also has your company’s annual returns and financial statements. ROC filing is to prove your company’s existence to the Ministry of Corporate Affairs. The ROC stores all the details about your company and can be viewed by the public on demand. ROC helps to provide transparency of your company to the public. 

Bottomline

The above article might have given you a detailed view of the Registrar of Companies. ROC is an office functioning under the Ministry of Corporate Affairs. You must register your company under ROC before starting it. The Incorporation certificate from the Registrar of Companies is crucial to start your company. 

You must also file your annual returns and financial statements under ROC forms. These details prove your company’s existence to the Government. Also, they are made available to the public on demand to maintain transparency. Still, are you confused about the Registrar of Companies and ROC forms? Don’t worry. We, at  Instafiling, have a great team of experts who can help you anytime. Feel free to contact us.

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