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Role of the Registrar of Companies in Company Formation in India, Study Guides, Projects, Research of Law

This article provides a comprehensive overview of the registrar of companies (roc) in india, outlining its crucial role in company formation. It delves into the legal framework, registration process, and key duties and powers of the roc. The article highlights the importance of compliance with roc regulations for successful company incorporation in india.

Typology: Study Guides, Projects, Research

2024/2025

Uploaded on 09/23/2024

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This article is written by Shweta, LLB, UILS Chandigarh University during
her Internship at LeDroit India
ROLE OF REGISTRAR OF COMPANIES IN COMPANY
FORMATION
INTRODUCTION
As we know company is a legal entity formed by group of
people to conduct business activities. Companies can be
of different types private limited, public limited or limited
liability partnership . When a person or partners decide to
start a company they must register to state registrar of
companies. The registrar of companies complies with legal
requirements, maintain transparency and efficiency in
corporate world of India .They maintain a records and
important information of companies and provide access to
it. The ROC plays an important role in formtion of
company.
MEANING
According to Section 2[75]of the companies act 2013
Registrar means a registrar, an additional registrar, joint
registrar, having tho duty of registering companies and
discharging various functions under this act
There is a registrar of companies for each state of
India
He is appointed by the central government
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This article is written by Shweta, LLB, UILS Chandigarh University during her Internship at LeDroit India ROLE OF REGISTRAR OF COMPANIES IN COMPANY FORMATION INTRODUCTION As we know company is a legal entity formed by group of people to conduct business activities. Companies can be of different types private limited, public limited or limited liability partnership. When a person or partners decide to start a company they must register to state registrar of companies. The registrar of companies complies with legal requirements, maintain transparency and efficiency in corporate world of India .They maintain a records and important information of companies and provide access to it. The ROC plays an important role in formtion of company. MEANING According to Section 2[75]of the companies act 2013 Registrar means a registrar, an additional registrar, joint registrar, having tho duty of registering companies and discharging various functions under this act  There is a registrar of companies for each state of India  He is appointed by the central government

 He may be assisted in his work by the other registration offices  The office of ROC is a public officer where company are required to file a documents and returns and the public is authhorised to inspect the same according to the provision of law. REGISTRATION OF COMPANY UNDER ROC When anybody wants to start a company they registred it for its legal operation.To register, company must submit documents like Memorandum of association(MoA), article of association [AoA] to ROC. A company must provide a pre incorporation form for managing directors and directors. Under Section 7(2) the Registrar records the submission of all the documents submitted and if satisfied give the Certificate of Incorporation. To confirm a registration the ROC issues a certificate of incorporation to the company. REFUSAL FOR REGISTRATION COMPANY BY ROC: The Registrar of Companies in India has the authority to refuse the incorporation of a company for various reasons. If the Registrar finds any issues with the clauses mentioned in the Memorandum of Association, such as the company’s name, objectives, registered office, capital,

 To apply to the special court for an order of search and seizure of the books and papers of the company(sec 209)  To remove the name of the company from the registrar of companies(sec 248) CONCLUSION The Registrar of Companies under the Ministry of Corporate Affairs act as a backbone of cooperate governance within its jurisdiction by virtue of the provisions of the Companies Act, 2013. The Registrar of Companies (ROC) has various functions and powers as per the Companies Act. Some of the functions of the ROC include issuing certificates, handling company registration, maintaining records and enforcing compliance, registration of charge, maintaining the register of charges, receiving returns on changes in promoters’ stake, filing of financial statements, and informing the Registrar of the Identification Number. The ROC also has powers such as the registration of companies, making entries of satisfaction and release, calling for information, conducting inquiries, and the power of search and seizure. These functions and powers help ensure compliance, transparency, and accountability in the corporate sector.