Notification No. G.S.R. 643(E) dated 18th Aug, 2022. MCA has introduced new rule 25B in the Companies (Incorporation) Rules, 2014.
The new rule 25B in the Companies (Incorporation) Rules, 2014.lays down the procedure for physical verification of the registered office of the company by the Registrar and subsequent issue of notice for removal of the name of company from the register of companies subject to prescribed conditions.
The above power is bestowed upon the Registrar in accordance with section 12(9) of the Companies Act, 2013. The aforementioned section has been reproduced below-
“ 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 sub-section (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.”
The procedure prescribed has been provided below:
- As per the notification the Registrar shall visit the registered office in the presence of two independent witnesses based on documents uploaded on MCA 21 in support of the address.
- The two witnesses should be from the locality in which the registered office of the company is situated.
- Assistance of local police may be sought by the registrar.
- The registrar should carry along with him the documents uploaded on MCA and cross-verify with those present with the occupant of the property and collected during physical verification.
- Photograph of the registered office of the company should be taken during physical verification.
- If the registrar finds the registered office of the company to be incapable of receiving and acknowledging the communications, the registrar will be issuing notice to all the directors regarding his intention to remove the name of the company. On receipt of the notice, the directors are supposed to provide representation along within 30days from date of notice.
- The prescribed format for the physical verification report is:-
1. Name and CIN of the company:-
2. Latest address of the registered office of the company as per MCA 21 record:-
3. Date of authorisation letter issued by the Registrar of Companies:-
4. Name of the Registrar of Companies:-
5. Date and Time of visit for physical verification of the registered office:-
6. Location details along with Landmark:-
7. Details of the person available, if any at the time of the visit-
(i) Name:-
(ii) Father’s Name:-
(iii) Residential address:-
(iv)Relationship with the company, if applicable:-
8. Remarks if any:-
9. Documents attached:-
(i) Copy of the agreement/ownership/rent agreement/No Objection Certificate 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:-
(iv) Any other document(s):- Date: Place:
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