Meaning of ROC
Compliance:
In the Ministry
of Corporate Affairs (MCA), there is an office called as the Registrar of
Companies (ROC) that is empowered to administrate and regulate the provisions
of the Companies Act, 2013. An ROC is appointed as per the Section 609 of the
Companies Act in various states and Union Territories in India. it has been
vested with the role and responsibility to ensure that different company
registrations in the country are fulfilling the statutory requirements on
annual basis or not.
Every year most
of the companies are required to fulfill certain compliances to be compliant
with the mandated rules and regulations. For this purpose, they are mandated to
file certain forms and along with relevant documents with the ROC. This is
called as ROC Compliance process.
Items
included in ROC Compliance:
The following points or items are included in
the ROC Compliance checklist for most of the company registrations in India-
·
Board Report
·
Compliance by Director
·
Annual Report
·
Updated Statutory Registers maintained
by the company
·
Drafting of Notices to be issued
·
Annual Filing and related
documentation
Procedure
to file ROC Compliances
The procedure to file is quite easy and
can be done by the company or applicant on the MCA portal itself or with the Registrar
of Companies (ROC). It includes the following steps-
1. Fill in the form: The applicant is required to fill in their
complete details and personal information on the portal.
2. Submission of documents: The person is required to submit along all
the necessary documents and proof to support the information and data provided
by them during ROC Filing.
3. Document Verification: All the required documents, forms and
prepared returns are verified for its authenticity and correctness.
4. Filing the forms: The forms are required to be filled in along with
the updated records and returns with the ROC.
5. Submitting the form: Once the return is filed, the applicant is
required to attach their Digital Signature Certificate (DSC) and submit the
same.
Documents
required for ROC Compliance:
1.
Memorandum of Association (MOA) of
company
2.
Articles of Association (AOA) of the company
3.
Certificate of Incorporation or
Registration Certificate of the company
Documents
required to be filed for ROC Compliance annually:
The forms and documents below are to be
furnished to the Registrar of Companies for ROC filing and fulfilling the ROC Compliance requirements-
1.
Form
MGT-7 to be filed for furnishing Annual Return to complete ROC Compliance. The
following details are to be provided in this form-
·
Details
of registered office or place of business of the company.
·
Particulars
related to holdings of the company.
·
Details
of Associate companies.
·
Information
about principal business and activities of the company.
·
Debentures
and shares.
·
Securities
and pattern of shareholdings in the company.
·
List
of debenture holders and members with any recent changes.
·
Indebtedness
·
Details
of members meetings
·
List
of promoters, key managerial personnel, and directors.
·
Remuneration
details of the directors and the key managerial personnel.
·
Compliance
matter related certifications
·
Other
relevant information as required in the form.
2.
Form
AOC-4 to be filed for furnishing the Financial Statements & Other Documents
for ROC Compliance. Most of the company registration in India has to file in their financial statements and
related documents through the Form AOC-4 on an annual basis. These financial
statements to be filed for annual ROC Compliance are to be adopted in the
Annual General Meeting (AGM) of the company. In case it wasn’t adopted in the
meeting then a un-adopted statement of financials has to be filed with the ROC
within 30 days of the date of conclusion of the AGM.
If
the financial statements of the company are not adopted in an Annual General
Meeting then un-adopted financial statements should be filed within 30 days of
the date of AGM.
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