Roles and Functions of Registrar

According to Section 2(75), the term “Registrar” denotes a Registrar, Additional Registrar, Joint Registrar, Deputy Registrar, or Assistant Registrar. The primary responsibility of ROCs appointed under Section 396 of the Act is to register businesses that were incorporated in the aforementioned States and Union Territories. There are, however, a variety of other duties that the ROC is given in addition to registration. The Central Government exercises administrative control over these offices through the several Regional Directors (RD), who are in charge of the various regions, each of which contains a number of States and Union Territories.

A company founded in accordance with the Section 3 of the Companies Act may register itself by submitting an application to the ROC whose jurisdiction the company’s registered office is located, as stated in Section 7 of the Companies Act. The Registrar of Firms keeps a registry of documents pertaining to the companies that are registered with them and makes this information available to the public for a fee. With the aid of Regional Directors, the Central Government maintains administrative supervision over the Registrar of Companies. Seven Regional Directors currently oversee the activities of ROCs within their respective regions.

The primary responsibility of registering companies and LLPs throughout the states and union territories falls to the ROCs in accordance with Section 609 of the Companies Act, 1956. Since the implementation of the Companies Act, 2013, the ROCs have access to the same authorities granted under section 609 under section 396 of the new law.

The Limited Liability Partnership Act of 2008’s statutory requirements are adhered to, according to the Registrar of Companies’ certification.The Registrar of Firms keeps a registry of documents pertaining to the companies that are registered with them and makes this information available to the public for a fee. With the aid of Regional Directors, the Central Government maintains administrative supervision over the Registrar of Companies. Seven Regional Directors currently oversee the activities of ROCs within their respective regions.

Companies must submit registration applications to the ROCs whose jurisdiction their major place of business is located because the ROCs are spread out across various states and UTs. Every firm must then submit annual reports to the ROC where they got company registration. All of the ROCs’ specifics are available here.

The functions and roles of the registrar are mentioned in the section 77(2), 78, 81, 93, 137, 157 and 208 and powers of the registrar in section 7, 83, 206, 209 and 248.

Every company that creates a charge is required under Section 77 to record the specifics of the charge with the Registrar of Companies. It is necessary to register a charge against the company’s assets, whether they are located inside or outside of India and whether they are tangible or not. This instrument of charge must be submitted with the appropriate fee and in the approved format within 30 days of its production.
However, the Registrar may provide permission for registration within the extra 300-day term in exchange for payment of the required additional price. According to Section 77(2), the Registrar must provide the company and the charge holder, if appropriate, with a certificate of registration in the format and manner specified.

Section 81 mandates that the Registrar maintain a register in the manner specified, comprising information about each charge registered under the Act, in respect of each firm. Upon payment of the required fee, anyone may inspect this Register. The corporation has a responsibility to provide the required information to the registrar in the format required and upon payment of any applicable fees. The details pertaining to the charge, such as the date of charge, the sum secured, the property covered, the parties entitled to the charge, and, if a property already subject to a charge has been purchased, the date of purchase, must be recorded in the Registrar’s register. The same specifics must shown in the company’s register. 

Functions of Registrars:
1. The registration of a company in the nation, also known as incorporation of the company, is handled by the ROC.
2. It completes the regulation and reporting of businesses, as well as their shareholders’ and directors’ reporting to the government on a number of different topics, including the yearly submission of several documents.
3. In developing and enabling a corporate culture, the Registrar of Companies is crucial.
4. To be able to operate, any enterprise in the nation needs the ROC’s blessing. An incorporation certificate, which is absolute proof of any company’s existence, is provided by the ROC. Once incorporated, a business cannot be dissolved unless its name is removed from the register of companies.
5. It is important to remember that the Registrar of Companies may, among other things, request more information from any company. With the previous consent of the court, it could examine the premises and take the accounting records.
6. Most notably, a petition for the winding up of a business could also be filed by the Registrar of Companies.

Roles of registrar:

1. Filing resolution with ROC: Every resolution must be lodged with the ROC within 30 days after being enacted, per the requirements of section 117 of the companies act, 2013. Each of this resolution mut be recordedwith the registrar of the companies. The Companies act, 2013 further stipulates the punishment of failing to submit the resolutions to the registrar within the alloted period.

In other words, a company must inform the Registrar of Companies of all of its operations, including the appointment of directors or managing directors, the publication of prospectuses, the selection of sole-selling agents, the decision to voluntarily wind up the business, etc.
2. ROC filing fees: Depending on the company’s authorised share capital, there are different filing costs for forms and other papers with the ROC.
3. Filing forms with ROC: According to the Companies Act and Rules, the companies are required to submit annual forms to the ROC. Following its foundation, the company must comply by submitting forms to the ROC by the deadlines set forth in the documentation. When they fail to submit their forms by the deadlines, they will be subject to a severe penalty.

The annual forms that must be submitted to the ROC include the share capital audit report reconciliation, deposit returns, director KYC submissions for DIN holders, annual company accounts, annual company returns, etc.

REFERENCES:

Role of Registrar in Company Registration

Functions and Duties

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