ROC Full Form:- ROC stands for Registrar of Companies. Ministry of Corporate Affairs (MCA), is the organization in charge of the management of Corporations and Limited Liability Partnerships (LLPs) in India, where the Registrar of Companies (ROC) office is located. Presently Registrar of Companies (ROC) is functioning in all major states and union territories. Some states including Tamil Nadu and Maharashtra have multiple ROCs. For example, the Chennai ROC has jurisdiction over the state of Tamil Nadu and the Union Territory of Andaman and Nicobar Islands. Other ROCs have jurisdiction over two or more states or union territories. The Registrar of Companies maintains a registry of documents about the businesses they register, and upon payment, at a set price, they make this information available to the general public.
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Contents
What is ROC?
The full form of ROC is the Registrar of Companies. Also, it is an office established under the Ministry of Corporate Affairs. Under Section 609 of the Companies Act, ROC is vested with the primary duty of registered companies and LLPs (Limited Liability Partnerships). The Office of the ROC maintains a registry of records relating to companies registered with it. So, these records are available for inspection by the public on payment of the prescribed fee. After the introduction of the Companies Act, 2013, certain powers under section 609 have now been on ROC under section 396 of the Companies Act, 2013.
There are 22 ROCs operating across the country. Several ROCs are operational in some states, such as Maharashtra and Tamil Nadu. The administration of the Registrar of Companies comes under the purview of the Central Government aided by the support of Regional Directors. There are seven Regional Directors for the ROC in their respective regions.
Functions of ROC
- The ROC oversees the registration process of companies, also known as the company incorporation process.
- Also, it is responsible for the regulation and reporting of various compliances and documents of the company. The ROC issues information about the shareholders and directors of the registered company to the relevant government authorities and governing bodies.
- ROC plays a vital role in promoting an adequate, ethical and promotional business culture among the various registered member companies.
- The approval of RoC is mandatory for the company to come into existence. The Registrar of Companies issues a Certificate of Incorporation to the companies on successful registration with the authority. Once the company is incorporated and registered with the ROC, it can cease to exist only when its name is officially from the registrar of the ROC.
- The ROC may seek supplementary information from companies like books of accounts etc. It reserves the right to search the premises and offices of companies on suspicion of illegal activities.
- The Registrar of Companies can also file a petition for winding up the company.
ROC Full Form: Where are the ROC Offices Located?
The offices of ROC are located in various states and union territories. Companies should file an application registered with the ROC in whose jurisdiction they have their principal place of business. All the companies have to file the form with the ROC from where they have obtained the company registration.
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Company Registration Under ROC
Any company wishing to operate within the legal limits of India has to get itself registered under ROC. A company is legally when it receives a certificate of incorporation from the ROC.
To register under ROC, a company submits a wide range of documents including Memorandum of Association (MOA) and Association of Associations (AOA) as per the compliance requirements of particular business formations. The company must file a pre-incorporation agreement for the appointments of directors and managing director, along with a document signed by an person declaring that all compliances and requirements for incorporation are met by the company.
After the authentication of the documents, the Registrar of Companies enters the name of the company in its register and issues certificate of incorporation and commencement of business certificate to the concerned company.
Role of ROC After Company Registration
The role of ROC continues even after the company’s incorporation. For example, if a company wants to change its name, object or registered office, it needs to get the approval of the RoC before initiating any changes in the company’s MOA, AOA or LLP agreement.
Forms that companies need to file with ROC:
- Balance Sheet: Form AOC-4
- Profit and Loss Account: Form AOC-4
- Annual Return: MGT 7
- Cost Audit Report: Form CRA 4
Companies have to file annual forms with RoC as specified under the Companies Act and Rules.
ROC Fees for Filing Forms: ROC Full Form
The fees for filing forms/documents with the ROC differs, based on the authorised share capital of the company.
| Nominal share capital of the company to be registered | ROC fee applicable |
|---|---|
| Less than 1,00,000 | Rs 200 per document |
| 1,00,000 to 4,99,999 | Rs 300 per document |
| 5,00,000 to 24,99,999 | Rs 400 per document |
| 25,00,000 to 99,99,999 | Rs 500 per document |
| Above or equivalent to 1,00,00,000 | Rs 600 per document |
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ROC Fees for Services
| Items | ROC fees |
|---|---|
| File inspection | Rs 100 |
| Charge inspection | Rs 100 |
| Certificate of incorporation | Rs 100 |
| Other certified copies | Rs 25 per page |
Can ROC Refuse Registration of a Company?
If the Registrar finds an objectionable clause in the Memorandum of Association of the company, the ROC can refuse to register the company. ROC can refuse registration on the basis of name, commodity, registered office, capital and liability clause. The Registrar has been not to incorporate any company with an objectionable name. If the object of the company seems unlawful, the registrar is bound to reject the registration of that particular company.
Resolution Filing with ROC
Section 117 of the Companies Act 2013 states that every resolution passed by companies has to be filed with the ROC within 30 days. The Registrar of Companies is bound to record all the resolutions passed by the companies. There are specific penalties and fines for failure of companies to file resolution within the time stipulated in the Companies Act 2013. Companies are to share personal information regarding change of directors or managing directors with ROC. Information regarding issue of prospectus, appointment of sole sales agents or voluntary winding up etc. to be shared with the ROC officer.
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FAQs on ROC Full Form
Why ROC is required?
Every company in the country requires the approval of the ROC to come into existence. The ROC provides an incorporation certificate which is conclusive evidence of the existence of any company. A company, once, cannot cease unless the name of the company is struck off from the register of companies.
What is ROC filing?
As a part of Annual e-Filing, Companies the Companies Act, 1956 are to file the following documents with the Registrar of Companies (RoC): Balance-Sheet: Form 23AC to be filed by all Companies Profit & Loss Account: Form 23ACA to be filed by all Companies.
How many ROC are in India?
25 Registrars of:
There are currently 25 Registrars of Companies (ROC) operating from offices in all major states of India. Some states, such as Maharashtra and Tamil Nadu, have two ROCs each.
What is ROC number of company?
The company registration number, called the CIN number in Indian, is a unique number that is by the Registrar of Companies (ROC). The ROC is found in various states in India and is the Ministry of Coporate Affairs. It is to find the primary details of any company in India.
Is ROC filing is compulsory?
Answer is Yes. It is of the mandatory compliance for a Pvt Ltd Company and One of the major point in Compliance Checklist.
What happens if ROC is not filed?
If the company fails to file the ROC Filing, the company as well as the directors are liable to the penalties and the consequences for non-filing. The company and the officers who are at fault are liable to pay a penalty of Rs. 50,000.
What is ROC fees?
WHAT IS ROC FEES? ROC fees are the government fees for filing of ROC forms. When you want to file any forms with ROC, you need to pay ROC filing fees for the same. The process of filing of forms with ROC is complete only when the ROC filing fees is paid.
Who can file ROC return?
Every company:
Every company is to file the Audited financial statement and annual return as per The Companies Act, 2013 within 30 days and 60 days respectively from the conclusion of the Annual General Meeting date.
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Who appoints ROC?
The Registrar of Companies (ROC) as defined under Sub-Section 75 of Section 2 of the Companies Act, 2013, is an appointment of the Ministry of Corporate Affairs which is responsible for the regulation of Indian enterprises in Industrial and Services Sector.
What is Pre-Scrutiny?
Pre-scrutiny is an option that you have to choose while filling the e-form. After clicking on this option, the system will notify you if there is any error in your application. However, if not, it will lock the information.
If you fail to submit the filing fee before the expiry period of the challan, your form should not be, and you will have to file the ROC form again.
Can you do a revised filing of an already filed form?
Actually, you can do a modified filing of an already filed form, except for 23AC or ACA and 23AC-XBRL or 23ACA-XBRL. However, to modify an already filed form, you need to pay a fee for the same.