The general public has little awareness about the function and duties of the office of the Registrar of companies. In this post, we will have an overview of the functions and duties of the Registrar of companies.
The registrar of companies is an office of a public authority under the administrative control of the Ministry of Corporate Affairs, Government of India. Each office of the Registrar has jurisdiction over the territory allocated by the administrative ministry. These jurisdictional terrorises may be a part of a state and more than one state. Maharashtra and Tamandu have two registrars of companies while the Registrar of Companies Guwahati has jurisdiction over 7 states.
The Registrar of Companies has its jurisdiction over companies and LLPs having registered office in his territory. The Registrar directly reports to the Regional Directors.
The Registrar has duties and functions as the regulatory authority under the corporate law as well as administrator of provision of corporate law.
|Processing the documents, returns and forms filed by the companies/LLPs|
|Functioning as a registry of records relating to the companies/ LLP’s|
|Facilitating inspection of documents and returns by Public, Investors, Banks and Professionals and other public authorities and supply of certified copies of those documents.|
|Dealing with the change of names of companies and LLP’s, conversion of status of companies from Private to Public and vice versa, striking off names of companies& LLP’s, action against companies & LLPs for various violations|
|Monitoring of compliance requirements by companies/LLPs through the mechanisms envisaged under the Act.|
|Inspection of books of accounts of companies|
|Redressal of grievances of Investors of those companies|
|Launching prosecution against companies and their directors for violation of Acts.|
|Disposal of applications under the Companies Act|
|Issue of enquiry letters and show cause notices to companies, their directors and Secretaries|
|Communication with and reporting to the superior offices of the Ministry of Corporate Affairs and other Ministries/Departments and other offices in the Ministry of Corporate Affairs.|
|Interaction with the Professional bodies and Industry Associations|
Powers and duties of officers of the Registrar office:
Registrar of Companies/Deputy Registrar of Companies/Assistant Registrar of Companies discharges their duties as empowered by the Acts including administering the provisions of the Acts and acting as a regulatory authority of corporate bodies.
Company Prosecutors are appointed for the conduct of prosecutions arising out of the Act. They have all the powers and privileges conferred by the code on Public Prosecutors appointed by the State Governments.
Duties of staff and employees of RoC office
The staff assists the officers in discharging duties of processing the e-forms filed by companies/LLPs, an inspection of books of account of companies, prosecution of defaulting companies, scrutiny of documents filed, an inspection of records and maintenance of records. This includes receipt and processing of:
|Documents, returns and applications filed by companies/LLP’s|
|Applications from shareholders for payment of unpaid dividend|
|Preparation of reports, enquiry letters, show cause notices etc|
|Facilitating inspection of documents of companies by Public|
|Supplying certified copies of documents registered to the applicants|
|Other works are entrusted to them.|