Role Of Central Government In Registration Of Companies With Special Reference To ROC

The registration of companies in any nation is a critical aspect of fostering a robust and transparent business environment. Central governments play a pivotal role in this process, ensuring that businesses operate within a well-defined legal framework. In India, the Registrar of Companies (ROC), an office under the Ministry of Corporate Affairs, is the key authority responsible for company registration. The ROC's mandate extends beyond mere registration; it ensures compliance with statutory requirements, thereby promoting corporate governance and accountability. This article delves into the central government's involvement in the registration of companies, with a special focus on the functions and significance of the ROC. By examining the procedural intricacies and regulatory mechanisms, we aim to highlight how the ROC facilitates the orderly establishment and operation of companies, contributing to economic stability and growth.

The Registrar of Companies ( ROC ) is an office under the Ministry of Corporate Affairs (MCA), which is the body that deals with the administration of companies and Limited Liability Partnerships (LLPs) in India. At present, Registrar of Companies (ROCs) are operating in all the major states/UT’s.

However, states like Tamil Nadu and Maharashtra, have more than one ROC. Some ROCs have jurisdiction of two or more states/UT like Chennai ROC has jurisdiction of Tamil Nadu state and UT of Andaman and Nicobar Islands.

As per section 609 of the Companies Act, 1956, the ROCs are tasked with the principal duty of registering both the companies and LLPs across the states and the union territories. Currently, after the introduction of Companies Act, 2013, the same powers conferred under section 609 is provided under section 396 of the Companies Act, 2013 to the ROCs.

The Registrar of Companies also certifies that LLPs (Limited Liability Partnerships) comply with the legal requirements contained in the Limited Liability Partnership Act, 2008.

Registrar of Companies maintains a registry of records concerning companies which are registered with them and allows the general public to access this information on payment of a stipulated fee. The Central Government preserves administrative control over the Registrar of Companies with the help of Regional Directors. As of today, there are seven Regional Directors, supervising the operations of ROCs within their relevant regions.

A company cannot survive on its own. It needs a certificate of incorporation from the Registrar of Companies following the completion of numerous regulatory procedures. As part of the statutory process, the promoters are required to submit numerous documents to the Registrar of Companies.

The documents to be submitted to the ROC include the Memorandum of Association (MoA), Articles of Association (AoA), the pre-incorporation agreement for appointing directors/managing directors, and a declaration by an authorized person confirming that registration requirements were met.

After validating the paperwork, the ROC enters the company's name into the register of companies and issues the certificate of incorporation. In addition to the certificate of incorporation, the Registrar gives a certificate of beginning of business. A public limited company is required to get this certificate prior to commencing business.