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ROC Company

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Procedure for ROC Company

Complete our Simple Form

You are expected to fill subtleties in our straightforward survey and submit reports.

Submit the Documents

Present all the expected data and records and we will deal with the rest.

Verification of Documents

Every one of the expected records, returns, structures are ready and checked.

We shall file the forms

We Document different structures and returns expected with the ROC and update every one of your records.

Your work is completed

When the return is recorded, we will send you the reports and return your DSCs.

About ROC Company

ROC addresses Enlistment center of Organizations which is an office under the Indian Service of corporate issues that deals with the association of the Organizations Act, 2013. ROC has been assigned under segment 609 of the organizations act covering the various States and Association Regions are vested with the fundamental obligation of enrolling associations and LLPs floating in the singular states and the Association Domains and guaranteeing that such associations and LLPs consent to legal necessities under the demonstration.

The workplace of ROC fills in as library records, related with the organizations enlisted with them, which are accessible for examination by individuals from general society on the portion of the suggested cost. Additionally, there are correct now 22 Recorders of Organizations (ROC) working from workplaces in each critical province of India.

Documents Required For ROC Company

  • Company Name Approval
  • Digital Signature Certificate (DSC)
  • Director Identification Number (DIN) Application
  • Documents for SPICe+ Form (Incorporation)
  • AGILE-PRO Form
  • INC-20A Form (Commencement of Business)

Advantages of ROC Company

1. Legal Recognition and Corporate Identity

  • Separate Legal Entity: Once registered with the ROC, a company is considered a separate legal entity from its owners. This means the company can enter into contracts, own property, and be sued independently of its directors and shareholders.
  • Perpetual Succession: The company’s existence does not depend on the lives of its members or directors. Even in the case of death, insolvency, or resignation, the company continues to exist, ensuring business continuity.

2. Limited Liability Protection

  • Protection for Shareholders: Shareholders' liability is limited to the amount of their shares or capital contribution. Personal assets are not at risk in case of debts or financial losses incurred by the company.
  • Risk Mitigation: Being a registered entity limits personal financial exposure for directors and shareholders, protecting them from the company’s liabilities.

3. Brand Credibility and Trust

  • Enhanced Credibility: Companies registered with the ROC gain credibility and trust with customers, vendors, financial institutions, and other stakeholders. It demonstrates compliance with the regulatory framework, making the business more reliable.
  • Investor Confidence: Investors are more likely to invest in registered companies due to the transparency, accountability, and protection that comes with legal registration.

4. Ease of Raising Capital

  • Attracting Investment: A registered company can issue shares, raise equity capital, and attract investment from venture capitalists, angel investors, and public markets. The separate legal entity and limited liability features make it more attractive for potential investors.
  • Bank Loans and Credit: Banks and financial institutions prefer lending to registered companies as they provide better accountability and compliance records. This makes it easier for the company to secure loans for expansion or working capital.

5. Perpetual Existence and Transferability

  • Perpetual Succession: A registered company continues to exist regardless of changes in ownership or the status of its shareholders. This provides stability and longevity to the
  • Transferability of Shares: In a registered company, shares can be easily transferred between shareholders, allowing flexibility in ownership without affecting the operations of the business.

6. Tax Benefits and Deductions

  • Tax Deductions: Registered companies can take advantage of various tax deductions and exemptions under the Income Tax Act. These deductions can significantly reduce the overall tax burden on the company’s profits.
  • Corporate Tax Planning: A registered company can plan its tax strategies more effectively, leading to better financial management and compliance with tax laws.

7. Access to Government Schemes and Incentives

  • Government Schemes: A registered company can access various government schemes, incentives, and subsidies designed for businesses, especially MSMEs (Micro, Small, and Medium Enterprises).
  • Participation in Tenders: Many government tenders and contracts are only available to registered companies, giving them an edge in securing public contracts.

8. Legal Protection and Compliance

  • Structured Legal Framework: Companies registered under the ROC are governed by a clear set of legal rules under the Companies Act. This ensures better legal protection and compliance, reducing the risk of legal disputes and irregularities.
  • Resolution of Disputes: Registered companies have a structured framework for resolving disputes related to contracts, ownership, or financial dealings, which can be handled through legal channels.

9. Business Continuity and Growth Opportunities

  • Sustainable Growth: Registered companies have better access to business growth opportunities, including scaling, mergers, and acquisitions, thanks to their formal structure and legal standing.
  • Expansion into International Markets: A registered company is in a better position to expand operations internationally, as global partners and investors are more likely to engage with a legally recognized entity.

10. Statutory and Regulatory Compliance

  • Compliance with Law: By registering with the ROC, companies ensure compliance with the Companies Act, 2013, and other regulatory requirements, avoiding penalties, fines, and legal complications.
  • Transparency: The ROC mandates regular filing of financial statements, annual returns, and other documentation, ensuring that companies maintain transparency and accountability in their operations.

Frequently Asked Questions

1. What is the Registrar of Companies (ROC)?

The Registrar of Companies (ROC) is an office under the Ministry of Corporate Affairs (MCA) in India that deals with company registration, administration, and compliance. The ROC ensures companies comply with the legal framework established under the Companies Act, 2013.

 

2. What is the role of the ROC?

The ROC is responsible for:

  • Registering companies and Limited Liability Partnerships (LLPs) in India.
  • Maintaining records of all registered companies.
  • Ensuring compliance with annual filings like financial statements and returns.
  • Approving changes in the company’s structure (e.g., directors, share capital, etc.).
  • Taking legal action against companies that violate the law or do not comply with mandatory filings.
3. How do I register a company with the ROC?

To register a company with the ROC:

  1. Reserve a unique company name through the RUN service on the MCA portal.
  2. Obtain a Digital Signature Certificate (DSC) for directors.
  3. Apply for a Director Identification Number (DIN).
  4. File the SPICe+ Form, which includes the Memorandum of Association (MOA) and Articles of Association (AOA).
  5. Submit necessary documents and obtain the Certificate of Incorporation (COI) upon approval.
4. What documents are required for ROC company registration?

Key documents for registration include:

  • Memorandum of Association (MOA) and Articles of Association (AOA).
  • Proof of identity and address of directors and shareholders.
  • Proof of registered office address.
  • Digital Signature Certificate (DSC) for directors.
  • Director Identification Number (DIN) for directors.
5. What is ROC compliance?

ROC compliance refers to the mandatory filing and submission of documents, returns, and statements as per the Companies Act, 2013. Compliance includes filing:

  • Annual Financial Statements (Form AOC-4).
  • Annual Return (Form MGT-7).
  • Appointment of Auditor (Form ADT-1).
  • Director KYC (Form DIR-3 KYC).
6. What are the consequences of non-compliance with the ROC?

Failure to comply with ROC regulations can result in:

  • Monetary Penalties: Late filing or failure to file can attract fines.
  • Disqualification of Directors: Directors may be disqualified if filings are not submitted for three consecutive years.
  • Strike Off: Continuous non-compliance may lead to the ROC striking off the company from its register, effectively dissolving the business.
7. How do I file annual returns with the ROC?

Annual returns are filed with the ROC using the following forms:

  • Form AOC-4: For filing financial statements.
  • Form MGT-7: For filing the company’s annual return.
  • You can file these online through the MCA portal, by logging in and submitting the necessary forms along with the prescribed fees.
8. What is the time limit for ROC annual filings?
  • Form AOC-4 (Financial Statements): Must be filed within 30 days from the date of the Annual General Meeting (AGM).
  • Form MGT-7 (Annual Return): Must be filed within 60 days from the date of the AGM.
9. Can a company change its registered office with the ROC?

Yes, a company can change its registered office by filing Form INC-22 with the ROC. The company must also submit supporting documents such as the board resolution and proof of the new office address.

10. How do I close or wind up a company with the ROC?

To wind up or close a company:

  • The company can apply for voluntary strike-off by filing Form STK-2 with the ROC.
  • The directors must pass a board resolution, and the company should have no outstanding liabilities.
  • The ROC will review and approve the application to strike the company’s name off the register.

Company Services

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Delhi Offices

  • Office No. 311, 3rd Floor, B-10 & 11, Chanakya Complex, Laxmi Nagar, Delhi-110092
  • info@enrollkaro.com
  • +91-97738 98252

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