ROC Name Check 

Have you checked your name availability on the MCA portal? Do you know the process? If not, we are here for you.

If you are looking to set up a new company or business in India, one of the first steps is to make sure the desired name is available and not already registered by someone else. This is where the Registrar of Companies (ROC) name check comes into play.

This blog explains everything you need to know about ROC name checks. This includes checking your business status and how to use the Ministry of Corporate Affairs (MCA) to do a name check for your business.

By the end of this blog, you will have a clear understanding of how to ensure your desired business name is registered and legally available. 

This blog will guide you on ROC name check.

How do I Check a Company on MCA?

To check if your company is registered with the Ministry of Corporate Affairs (MCA), follow these steps:

1. Go to the MCA website.
2. On the ‘MCA Service’ tab, select ‘View Company or LLP Master Data’.
3. Enter your company name or CIN (Corporate Identification Number) for verification.
4. Select the ‘Search’ option. 

If the company is registered with MCA, you can see company details, including name, CIN, date of incorporation, registered office address, directors, and other information. 

• CIN
• Name of Company
• ROC code
• Company registration number
• Company Category
• Class of company
• Date of Incorporation
• Authorized and paid-up capital
• Date of incorporation
• Number of Members
• Registered company address and e-mail
• Assets under charge
• Information of all the directors of the company

Suppose you don’t know the CIN or the company name.

You can search on the MCA website using the ‘Check Company Name’ option. You can find companies based on criteria such as Name and activity type. If no company is registered by that name with MCA, you’ll see a ‘No matches found’ message. 

How Can I Check if a Company Name is Already Registered in India?

Follow the steps below to see if a company name is already registered in India:

1. Visit the Ministry of Corporate Affairs (MCA)
2. Select the ‘Check Company Name’ option from the drop-down menu after clicking on the ‘MCA Services’ tab.
3. Enter the proposed company name in the search box and press ‘Search’.

A list of similar company names that are already registered in India will be displayed on the website. You can see if your proposed name is similar to any of the names on the list.

If your proposed name does not appear on the list, it is available for registration. If a name is too similar to an existing company name or violates any trademark or copyright laws, the ROC may reject it.

How Many Types of Registrar Are There?

Indian registrars are classified according to the functions and responsibilities they perform. Below are different types of registrars in India.

Registrar of Companies (ROC) – 

It is responsible for maintaining a register of all companies and LLP registered in India and ensuring compliance with various provisions of the Companies Act, 2013.

Registrar of Firms (ROF) – 

It is responsible for maintaining a register of all partnerships and companies registered in India and ensuring compliance with the various provisions of the Partnerships Act, 1932.

Register of Trade Marks (ROT) –

 It is responsible for maintaining a register of all trademarks registered in India and ensuring that they comply with various provisions of the Trade Marks Act, 1999.

Register of Copyrights (ROC) –

 It is responsible for maintaining a register of all copyrights registered in India and ensuring that they comply with the various provisions of the Copyright Act, 1957. The Registrar of Cooperatives (ROCS) is responsible for maintaining a register of all cooperatives registered in India and ensuring that they comply with the various provisions of the Cooperatives Act, 1912.

These registrars are overseen by the Ministry of Corporate Affairs (MCA) and are responsible for ensuring compliance with various laws and regulations related to their respective domains. 

What Are the Powers of the Registrar of Companies?

The Registrar/Sub-Registrar/Assistant Registrar shall maintain records of the Court and perform such other functions as may be assigned by the President, Senior Vice-President, or Vice-President. The Registrar has the following powers and duties under a General Order or Special Order of the President:  

1. Receive all objections, other motions, requests for suspension, and other documents such as requests for an expedited trial, assignment of objections, and stays.
2. Attach the date of receipt to such objections and requests to calculate the statute of limitations and the amount of fees received;
3. Review all such appeals and requests to determine whether they comply with the Rules.
4. Warn the parties of any deficiencies in such oppositions and motions, require them to remedy them by giving them a reasonable opportunity, and remand the oppositions and motions if the deficiencies are not remedied within the allotted time; obtain an order from the Chamber of Commerce.
5. Determine whether the appeal is barred by the statute of limitations and if so, notify the parties and bring the matter to an arbitral tribunal.
6. To fulfil the obligations outlined in subrules (2) through (5) of this rule. This includes sending an enclosed objection, or motion, filing a memorandum to the other party (the respondent) and receiving a counter-argument. for applicant/department complaints;
7. Set dates for hearings of appeals and motions and direct the issuance of notices, as directed by the President, Senior Vice President, Vice President, and senior members of the bench.
8. Ensure that a sufficient number of cases are allocated to banks as directed by the governor, senior vice president, vice president or senior member. 
9. Appoint legal representatives for proceedings in the event of the death of a party.
10. To confirm the delivery of notices or other processes, and to ensure that the party is properly handled after the bench order has been obtained, whenever an alternative delivery is required.
11. Obtain records from agency custody.
12. Allow access to court records.
13. By order of the bench, return the documents submitted by the authorities.  
14. To consolidate appeals relating to the same assessee or issue, or appeals for any other reason, at the direction of the chairman, senior vice president, vice president or senior member.
15. To resolve matters outside the jurisdiction of the president, senior vice president, vice president or senior member.
16. Certify a copy of the court order and distribute it to the parties
17. Provide the parties with certified copies of the documents submitted in the proceedings, following the regulations.
18. Provide certified copies of court orders issued under the Regulations. 
19. Ensure that investigative reports are provided promptly as requested by banks by sending the necessary dunning letters to the relevant authorities.
20. To receive orders from the bench regarding requests to withdraw objections and requests for a bench hearing.

Is it Possible to Apply for Company Name Online?

Yes, the company registration process is completely online. Companies or LLPs can only register via the MCA Portal. 

Wrapping Up

The Registrar of Companies (ROC) Name Check is an important step in the process of forming a business in India. The availability and legality of a company name can directly affect the success and legality of a company.

The Ministry of Corporate Affairs (MCA) website makes it quick and easy to complete the ROC name check. By following the steps outlined in this blog, your desired business name will be legally registered.

To avoid future legal complications, we recommend that you do thorough research before finalizing your company name. 

We really hope you find this information useful. Are you looking for more

information on this topic or have any doubts regarding it? Schedule your free

consultation with Instafiling professionals to get started and clear your doubts.

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