According to section 12(9) of Chapter II- Incorporation of Company and Matters Incidental Thereto, If the Registrar has reasonable cause to believe that the company is not carrying on any business or operations, he may cause a physical verification of the registered office of the company in such manner as may be prescribed and if any default is found to be made in complying with the requirements of subsection (1), he may without prejudice to the provisions of sub-section (8), initiate action for the removal of the name of the company from the register of companies under Chapter XVIII of the Companies Act, 2013.
In reference to the above provision, the Ministry of Corporate Affairs has inserted Rule 25B through its notification dated 18.08.2022 in the Companies (Incorporation) Rules, 2014.
25B. Physical Verification Of The Registrar Office Of The Company – By ROC
ROC has to prepare a Physical Verification Report of the Registered Office of the company in the given format.
Report to be filed by ROC:
Name and CIN of the Company.
Latest address of the registered office of the company as per MCA records.
Date of authorization letter issued by the ROC
Name of the ROC
Date and time for the physical verification of the Registered office
Location details along with landmark
Details of the person available, if any at the time of visit-
Remarks if any:-
(i) Copy of Agreement/ownership/rent agreement/NOC of the Registered Office of the company from owner/tenant/lessor.
(ii) Photograph of the registered office.
(iii) Self-attested ID card of the person available, if any.
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.”.
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