ROC Search Report – How to Prepare and Format
ROC Search Report – How to Prepare and Format
In India, Registrar of Companies (‘ROC’) is created by a legislation, under section 609 of the Companies Act 1956. It works under the administration of the Ministry of Corporate Affairs, Government of India.
Any person may inspect (as per the rules made under the Destruction of Records Act 1917) any documents kept by the ROC. Generally all documents filed with or registered by ROC, are available for inspection on payment of prescribed fees. However there can be exceptions like profit and loss account of a private limited company is not available for inspection; old documents destroyed by the ROC.[Section 610]
Any person may require a certificate of the incorporation of any company or a copy or extract of any other document or any part of any other document to be certified by the ROC, on payment of prescribed fees. Such certified documents are, in all legal proceedings, admissible in evidence as of equal validity with the original document. [Section 610].
The law recognises electronic documents. It is mandatory for companies registered in India, to file and submit documents in the prescribed electronic mode, using digital signature.
Even to date, the most authentic way to verify an India-based company is to visit the local Registrar of Companies(ROC)office. The registration information provided by ROC includes: date of incorporation, address, directors, registered capital, business scope, business type, accounts, shareholders, etc.
- Can the ROC Report be prepared only by CS or can it be done by CA’s also?
- A CA can also issue a search report
- Does ROC Issues any search Report?
- Search Report is to be prepared by professionals and not to be obtained from ROC.
- What is the Process for Inspection of Documents?
A.You have pay fees of Rs. 50/- through generation of challan from MCA site in view public document option. This can be paid through credit card also for early Clearance of your payment. After payment of fees , the documents of the company shall be available in `My Documents’ option of MCA site and you can view the documents of the company particularly in `charge documents’ ( Form 8 and or 17) option and take copies for a total duration not exceeding 3 hrs. and within 7 days time. On the basis of information available on site you can prepare the search report
If you feel that all the charge documents filed by the company are not available on site of MCA you can approach in person to ROC with fees paid challan who shall allow you physical inspection of document file of the company from where you can note down the required details
- What is the Procedure to visit ROC and take Notes?
- The Challan for public inspection as mentioned above should be in the name of person who shall visit ROC Regional Office. He shall have an authority letter with him in case the challan is in the name of company or any other entity. Once you Reach ROC office, Check your client’s file in physical w.r.t charges and other details. Note shall be taken on with Pencil. PEN is NOT allowed to take notes. Come Back to your office and make search report based on proforma annexed below.
|The above information has been compiled by CA.Ankit Gulgulia. He is practicing Chartered Accountant in New Delhi specializing in Indirect Taxes (Delhi/NCR) , Corporate Laws & Management Consultancy. He can be reached at firstname.lastname@example.org or +91-9811653975.
Disclaimer: Views are purely of the author and for education purpose only. For any purposive actions, you are advised to take professional help and refer applicable statutes.
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Related Tags Company-Law, MCA, ROC, ROC Search Report
CA Ankit Gulgulia (Jain) is Fellow Member of ICAI, Certified IFRS & Business Valuation from ACCA UK and is Practising Chartered Accountant with 8 Years plus of Rich Experience in Audit, GST, Income Tax, DGFT, Valuation, Strategic Advisory, Matters of FEMA, FDI, NCLT, RERA, ROC, SEBI, RBI, M&A, Fundraising, Startups etc as Founder of AGA, Chartered Accountants. AGA Works in wholesome business solutions right from scratch of Company Incorporation to Compliances all under One Roof. He also takes interest in being Virtual Chief Financial Officer (CFO) for Small and Medium Enterprises for Guiding them with All Business, Tax & Strategic Business Decision Making . To Know More, Learn here or contact us at email@example.com