Consultancy on ROC Compliance
Registrar of Companies (ROC) is the official agency that deals in the administration of Companies Act, 1956 and it falls under Ministry of Corporate Affairs. All the Companies incorporated under the Companies Act, 1956 are required to file various forms, returns and documents with the Registrar of Companies (ROC) in an electronic mode within the prescribed time along with the prescribed fees. As per the provisions of the Companies Act, 1956, if a Company fails to comply with them, then the Company and every officer who is in default shall be punishable with fine for the period for which default continues.
Companies have to comply with ROC by filing various returns, forms and documents and these could be categorized in two heads:
- Annual compliance filling - Compliances which are required to be made once in a year by all the companies incorporated under the Companies Act, 1956.
- Other Compliance filling - Compliances which are required to be made from time to time on various
Given below is the list of few events in which compliance with ROC is required:
- Change in Authorized/ Paid up Capital of the Company.
- Allotment of new shares / transfer of shares / invitation to subscribe for shares.
- Issue of shares to the Directors / employees of the Company.
- Subdivision of face value of the shares of the Company.
- Investment in share / other securities. Giving Loans to other Companies.
- Change in composition of the Board of Directors.
- Appointment of Managing / whole time Director and payment of remuneration.
- Payment of remuneration to Director / his relative / firm of the Director etc. are contracting with any
of the above.
- Loans to Directors / Members or to firms / companies where they are partner / members
respectively. Giving loans to Companies under same management.
- Opening / closing of bank accounts or change in signatories of Bank account.
- Change in terms of the Loan taken earlier.
- Full payment of the amount of loan taken against the property of the Company.
- Acceptance of deposits from Directors / members of their relatives.
- Executing the documents under the common seal of the Company.
- Sale or purchase of the fixed assets of the Company.
- Entering into new business /Partnership.
- Alteration of memorandum and articles of association of the company.
- Doing the business with a non resident or a foreign citizen.
- Convening the meetings of the Company. Submission of the resolution to any other third party / any
authority, maintenance of board meeting minutes book.
- Maintenance of minutes of general meetings and its attendance.
- Amalgamation of the Company with other company.
- Shifting the registered office of the Company from one place to other.
- Appointment or change of the Statutory Auditors of the Company.
- Agreement entered by the shareholders of the Company where Company is a Party.
At times, this periodical filing of forms with ROC becomes a pain for Start-Ups and Small to Medium Level companies, as they are not very sure of details to be filed in these forms, selection of forms also becomes big hassle.