The Companies Act, 2013, defines a Registrar of Companies (RoC) as the governing authority for companies in India. Also, the Ministry of Corporate Affairs (MCA) appoints a Registrar of Companies in all states and union territories. Currently, there are 22 such RoCs in India. Further, the Companies Act, 2013, bestows a lot of power in the RoC to ensure that it discharges various functions under the Act. In this article, we will talk about the different functions of Registrar of Companies.
Key Functions of Registrar of Companies
There are three primary functions of Registrar of Companies:
- Issuing the certificate of incorporation after authenticating documents.
- Maintaining an updated register of companies and LLPs. Hence, the RoC needs to enter the names of newly incorporated companies and remove the ones that are closed.
- Keeping track of all the filings done by the companies and LLPs. Also, updating the master data based on the filings.
However, these are not the only functions of Registrar of Companies. Here is an extended list:
Additional Functions of Registrar of Companies
Registration of charges – Section 77(2)
Every company is required to register the particulars of the charge it creates with the RoC. Also, the company must register all charges on assets (tangible or not) or the properties of the company. Further, this applies to all assets and properties in or outside India. Moreover, companies must register these charges within 30 days of creating them. Also, the RoC can extend this period up to 300 days if the company pays the prescribed fee. Section 77(2) states that the RoC must issue a certificate of registration of charges.
Application for Registration of Charges – Section 78
The charge-holder can apply for registration of charges if the company fails to do so. The charge-holder must submit the application along with the instrument under which the charge was created. On receiving the application, the RoC gives notice to the company to confirm the charge and explain the reason behind not registering the same. However, the RoC is required to register the charge within 14 days if the charge-holder pays the prescribed fee.
RoC to keep a register of charges for all companies- Section 81
The RoC must keep a register containing particulars of the charges registered for every company. Further, it must ensure that it follows the prescribed format. Any person can pay the fee for inspection and inspect the register.
The company must file returns with the RoC if the stake of the promoter changes – Section 93
- There is a change in the number of shares that the promoter holds; or
- There is a change in the number of shares that the top 10 shareholders hold
Also, the company must file the return in the prescribed form within 15 days of such a change.
Every company must file a copy of its financial statements with the RoC – Section 137
Every company must file a copy of the financial statements with the RoC. These include the consolidated financial statement and all documents required with such statements under the Act. Further, the company must file such statements duly adopted at the AGM (annual general meeting) within 30 days of the date of the AGM with the prescribed fees.
Every company must inform the Registrar of the DIN – Section 157
Every company must furnish the Director Identification Number (DIN) to the registrar with 15 days from the director receiving the same. Also, if a company fails to do so, then the RoC can levy a fine.
Inspection Report – Section 208
Sometimes, the registrar or an inspector is asked to inspect the books of accounts or conduct an inquiry under Section 206. Also, the registrar or inspector is asked to inspect other books and papers of the company under section 207. In both cases, the registrar or inspector must submit a written report to the Central Government along with the necessary documents. Also, they can recommend further investigation along with their reasons for the same if they deem fit.
A State-wise list of Registrar of Companies
|S.No||ROC/Official Liquidator||State||Contact and Address|
|1||ROC Hyderabad||Andhra Pradesh & Telangana||2nd Floor, Corporate Bhawan,|
GSI Post, Tattiannaram Nagole, Bandlaguda Hyderabad – 500 068.
|2||ROC cum OL Patna||Bihar||High Court of Patna, Maurya Lok Complex, Block “A” 4th Floor, Dak Bungalow Road, Patna.|
Phone No: 0612-6604891
|3||ROC Ranchi||Jharkhand||Mangal Tower, 4th floor, Old Hazaribagh Road, Near Kanta Toli Chowk, Ranchi,|
Jharkhand – 834001.
Phone no: 0651-2531811,2531401
|4||ROC cum OL Goa||Goa, Daman & Diu||Company Law Bhawan, EDC Complex,|
Plot No.21, Patto, Panaji, Goa.
Phone No: 0832-2438618/2438617
|5||ROC cum OL J&K||Jammu And Kashmir||High Court Of Jammu, Bahu Plaza, South Block, Rail Head Complex,|
Jammu – 180012.
Phone No: 0191-2470306/2472504
|6||ROC Ernakulam||Kerala||Company Law Bhawan, BMC Road|
Thrikkakara Kochi – 682021.
|7||ROC Mumbai||Maharashtra||100, Everest, Marine Drive|
|8||ROC Pune||Maharashtra||PCNTDA Green Building, BLOCK A, 1st & 2nd Floor, Near Akurdi Railway Station, Akurdi, Pune – 411044.|
|9||ROC Puducherry||Puducherry||No.7, Second Floor, Karuvadikuppam Main Road. Senthamarai Nagar, Muthialpet|
|10||ROC cum OL Jaipur||Rajasthan||C/6-7, 1st Floor, Residency Area, Civil Lines, Jaipur-302001.|
|11||ROC Kanpur cum OL Dehradun||Uttar Pradesh & Uttarakhand||37/17, Westcott Building, The Mall,|
Phone: 0512-2310443, 2310227, 2310323
|S.No||ROC/Official Liquidator||State||Contact and Address|
|12||ROC Shillong with an additional charge of OL, Guwahati||Assam, Meghalaya, Manipura, Tripura, Mizoram, Nagaland & Arunachal Pradesh||Morello Building, Ground Floor|
Shillong – 793001.
|13||ROC cum OL Bilaspur||Chattisgarh||Ist Floor, Ashok Pingley Bhawan,|
Municipal Corporation, Nehru Chowk, Bilaspur- 495001. Chattisgarh
Fax: (07752)- 250093
|14||ROC Delhi||Delhi & Haryana||4th Floor, IFCI Tower, 61, Nehru Place,|
New Delhi – 110019.
Phone: 011-26235703, 26235708
email@example.comFor Physical Verification Of Documents :
Sh. Kamal Harjani (RoC Delhi).
|15||ROC Ahmedabad||Gujarat||ROC Bhavan, Opp Rupal Park Society,|
Behind Ankur Bus Stop, Naranpura, Ahmedabad-380013.
|16||ROC Bangalore||Karnataka||‘E’ Wing, 2nd Floor Kendriya Sadana Kormangala, Banglore-560034.|
Phone: 080-25633105 (Direct),080-25537449/25633104
|17||ROC Gwalior||Madhya Pradesh||3rd Floor, ‘A’ Block, Sanjay Complex|
Jayendra Ganj, Gwalior.
|18||ROC cum OL Cuttack||Orissa||Corporate Bhawan, 2nd & 3rd Floor, Plot No-9(P), Sector-1,|
CDA, Odisha Cuttack-753014.
Phone No: 0671-2362661,2366952
|19||ROC Chandigarh||Punjab, Chandigarh||Corporate Bhavan, 1st Floor,|
Plot No. 4-B, Madhya Marg, Sector 27B, Chandigarh – 160019.
|20||ROC Chennai||Tamil Nadu||Block No.6, B Wing 2nd Floor Shastri Bhawan 26, Haddows Road, Chennai – 600034.|
|21||ROC Coimbatore||Tamil Nadu||No.7, AGT Business Park, I Floor, Phase II, Avinashi Road, Civil Aerodrome Post,|
Coimbatore- 641014, Tamil Nadu.
Phone:(0422) -2629640, 2628170(Direct) Fax: 0422-2628089
|22||ROC Kolkata||West Bengal||Nizam Palace 2nd MSO Building|
2nd Floor, 234/4, A.J.C.B. Road, Kolkata – 700020.
Phone: 033-2287 7390
We hope that this article offered clarity regarding the functions of Registrar of Companies. In case of any clarifications, please feel free to write to us.