05 Aug
Ministry of Corporate Affairs Notification Dated 18th August, 2022
In exercise of the powers conferred under various Section of the Companies Act, 2013 the Central Government hereby makes the following rules further to amend the Companies (Incorporation) Rules, 2014, namely:-
Ministry of Corporate Affairs vide Notification no. GSR 643(E) dated 18thAugust 2022 had inserted a Rule 25B in the Companies (Incorporation) Rules, 2014.
Rule 25B specifies the procedure to be adopted by the officer during physical verification and the documents to be collected by the officer at the time of physical verification. Such verification might be conducted before the grant of incorporation or for existing companies.
Rule 25B : Physical verification of the Registered Office of the company.-
(1) The Registrar, based upon the information or documents made available on MCA 21, shall visit at the address of the registered office of the company and may cause the physical verification of the said registered office for the purposes of sub-section (9) of section 12, in presence of two independent witness of the locality in which the said registered office is situated and may also seek assistance of the local Police for such verification, if required.
(2) The Registrar shall carry the documents as filed on MCA 21 in support of the address of the registered office of the company for the purposes of physical verification and to check the authenticity of the same by cross verification with the copies of supporting documents of such address collected during the said physical verification.
(3) The Registrar shall take a photograph of the registered office of the company while causing physical verification of the same.
(4) The report of the physical verification shall be prepared in the following format namely:- Report on Physical Verification of the Registered Office of the Company:
Report on Physical Verification of the Registered Office of the Company:
Details of the Company
| Name and CIN of the company:- Latest address of the registered office of the company as per MCA 21 record:- Location details along with Landmark
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| Details of officer conducting physical verification | Date of authorisation letter issued by the Registrar of the Companies Name of the Registrar of Companies:- Date and Time of visit for physical verification of the registered office:-
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| Details of the person available at the time of visit | Name:- Father’s Name:- Residential address:- Relationship with the company, if applicable:- |
| Documents attached:- | Copy of the agreement/ownership/rent agreement/No Objection Certificate of the registered office of the company from owner/tenant/lessor:- Photograph of the registered office:- Self-Attested ID-Card of the person available, if any:- Any other document(s):- |
(5) Where the registered office of the company is found to be not capable of receiving and acknowledging all communications and notices, the Registrar shall send a notice to the company and all the directors of the company, of his intention to remove the name of the company from the register of companies and requesting them to send their representations along with copies of relevant documents, if any, within a period of thirty days from the date of the notice before taking further actions in accordance with the provisions of section 248 of the Act.”.
Ministry of Corporate Affairs Notification Dated 24th August, 2022
Notification 655(E)
The Central Government hereby makes the following rules to amend the Companies (Removal of Names of Companies from Register of Companies) Rule, 2016
Notification 655(E)
The Central Government hereby makes the following rules to amend the Companies (Removal of Names of Companies from Register of Companies) Rule, 2016
Registrar of Companies can issue notice to companies for Strike off the Companies if they found on physical verification carried out under section 12 of Companies Act, 2013 that Companies are not carrying any business or operations
Asper Section 94 of Companies Act, 2013: Place of keeping and inspection of registers, returns, etc.—
(1) The registers required be keeping and maintaining by a company under section 88 and copies of the annual return filed under section 92 shall be kept at the registered office of the company.
Registrar of Companies can issue notice to companies for Strike off the Companies if they found on physical verification carried out under section 12 of Companies Act, 2013 that Companies are not carrying any business or operations
Asper Section 94 of Companies Act, 2013: Place of keeping and inspection of registers, returns, etc.—
(1) The registers required be keeping and maintaining by a company under section 88 and copies of the annual return filed under section 92 shall be kept at the registered office of the company.
As required under various Act and Good Corporate Governances
Every company shall Paint or Affix its Name Board of the Company showing
Name, Corporate Identification Number (CIN), GSTIN, Complete address, E-Mail id, Telephone, and website details, if any.
– Need to be displayed in Local Language of the City and in English.
Have its name engraved in legible characters on its seal, if any
- Register of Loan, Guarantee, Securities and Acquisition made by Company
Fixed Assets Register
Dividend Register
Register and Documents to be maintained at Registered Office:
- Register of Members
- Register of Debentures
- Register of Share / Debenture Transfer
- Register of Share Application and Allotment
- Register of Directors and Key Managerial Personnel
- Register of Contract with related parties
- Register of Charges
- Register of Investment not held in its own name by the Company
- Register of Renewed and Duplicate Share Certificate
- Register of Employee Stock Option
- Register of Shares and Securities Bought Back
Other Documents
- Notice and Minutes of Board meeting, Extra Ordinary General Meeting and Annual General Meeting and Minutes of Committee if any.
- Declaration from Directors and Key Managerial personnel.
- Books of account and other relevant books and papers and financial statement, Annual Return for every financial year.
Book and paper: include books of account, deeds, vouchers, writings, documents, minutes and registers maintained on paper or in electronic form.
Books of accounts: includes records maintained in respect of—
(i) all sums of money received and expended by a company and matters in relation to which the receipts and expenditure take place;
(ii) all sales and purchases of goods and services by the company;
(iii) the assets and liabilities of the company; and
(iv) the items of cost as may be prescribed under section 148 in the case of a company which belongs to any class of companies specified under that section;
