Registrar of Companies ( ROC ) India

The Registrar of Commissioner (ROC) is an office under the Ministry of Social Affairs (MCA), the agency dealing with corporate governance and limited liability companies in India. At present, 22 company registrars (ROCs) operate in all major countries. However, states like Tamil Nadu and Maharashtra have more than one ROC. As provided for in Section 609 of the Public Limited Companies Act, 1956, the organizational unit is assigned a principal employee to list both the companies and the LLP countries across the state and the territories.

The Registrar also confirms that the LLPs (Public Limited Companies Act) complies with the legal requirements of the Public Limited Companies Act, 2013.

The Registrar of Companies keeps records of companies registered with them and allows the public to access this information for the payment of a particular fee. The government preserves the administration of the Registrar of Companies with the assistance of the Regional Director. As of today, there are seven regional managers who manage the operations of air operators within the areas concerned.

The role of ROC

1. ROC takes care of the registration of a company (also known as a limited liability company) in the country.

2. It concludes regulation and reporting of companies and shareholders and managers and also handles a report by the Government on some issues that include an annual application for a number of documents.

3. Business listings play an important role in promoting and facilitating business development.

4. Every company in the country requires the approval of the ROC to establish existence. The ROC provides approval certificate which is the final indication of the existence of each company. A company that has once been registered can not stop unless the company’s name is terminated from the business directory.

5. Among other things, it is necessary to keep in mind that the CEO may also request additional information from all companies. It could search for its premises and grab book books with the prior approval of the court.

6. Most importantly, the Registrar of Companies may also submit a request for termination of business.

How companies are listed by Business Directory

No company can be created by itself. It requires a certificate of organization issued by the Registrar of Companies after completion of some legal requirements. As part of a statutory process, promoters need to submit a few documents to the Registrar of Companies. These documents contain Certificate of Conduct (MoA), Conventions (AoA), Pre-Approval Agreement for Commanders and Managing Directors, and the Statement of Authorized Parties confirming that registration requirements have been met.

After confirming the documents, ROC passes the company’s name in the business directory and issues the certificate of organization. The charterer, together with the memorandum of attorney, also issues a certificate of commencement of transactions. A limited liability company is obliged to obtain this certificate before the transaction commences.

ROC may refuse to sign up

ROC may refuse to register a company for various reasons. The memorandum of understanding (MOA), which is full of secretaries, consists of five provisions viz. name provisions; part provisions; Provisions of capital provisions and liability provisions. The secretary must ensure that registration is not permitted for companies with a reputable name. The head of state could also decline to list companies that have illegal targets.

The role of ROC continues after the registration of a company

There is no risk to the organization of ROC and society. For example, a company may need to change its name, goals or registered office. In such a case, a company would need to approach the ROC after completing formal procedures.

Fulfil resolutions with the Registrar of Companies

According to the provisions of Article 117. Public Limited Companies Act is required to submit any resolution by ROC within 30 days of its adoption. Business registrars need to include all such resolutions. The Company has also laid down a punishment for failure to submit resolutions to the editor within a certain period of time. In other words, a companion is obliged to approach the company manager for all his activities involving the appointment of management or managing director, issuance of prospectuses, the nomination of sales agencies or resolution of voluntary winding, etc.

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Interest Imposed by the IT Department – Section 234C

The income tax department seeks to make it as easy and convenient for citizens to pay for prepayments. Thus, you have the option to pay it in 4 instalments during the fiscal year. However, if you still default, there are some consequences in the form of interest payments. Basically, section 234C deals with interest that should be paid on Defaulters Advance Tax Payment. This is the final part of a 3-part series of risks put by the IT department.

Part III: Section 234 C (Interest for Deferred Payment of Advance Tax)

IT Department – Section 234C

1. Due dates for paying advance tax

The income tax department assumes that you pay your taxes on time, otherwise, there will be a fee for late payment at the time your application is submitted. The tax is paid in the following financial year:

On or Before In case of all taxpayers other than taxpayer opting for presumptive income u/s 44AD Taxpayers opting for presumptive income u/s 44AD
15th June Up to 15% of advance tax payable NIL
15th September Up to 45% of advance tax payable NIL
15th December Up to 75% of advance tax payable NIL
15th March Up to 100% of advance tax payable Up to 100% of advance tax payable

2. Interest

Interest due to delay is set at 1% of the tax amount. It is calculated from the individual cut dates shown above, until the date of actual payment of outstanding taxes. Calculation of interest according to section 234C – If a taxpayer other than the person who chooses predictable income u/s 44 AD

Rate of Interest Period of Interest Amount on which Interest is calculated
If Advance Tax paid on or before June 15 is less than 15% of the Amount* Simple interest @1% per month 3 months 15% of Amount* (-)tax already deposited before June 15
If Advance Tax paid on or before September 15 is less than 45% of the Amount* Simple interest @1% per month 3 months 45% of Amount* (-) tax already deposited before September 15
If Advance Tax paid on or before December 15 is less than 75% of the Amount* Simple interest @1% per month 3 months 75% of Amount* (-) tax already deposited before December 15
If Advance Tax paid on or before March 15 is less than 100% of the Amount* Simple interest @1% per month – 100% of Amount* (-) tax already deposited before March 15

3. Example

Consider that your total tax liability for this financial year is Rs. 100,000 and has to be paid in instalments as described above. Let’s assume that no TDS is here. If you have made payments instead, you are responsible for paying interest according to the last column in the table below:

Payment Dates Advance Tax payable Total Advance Tax paid Shortfall (Cumulative) Penalties (Cumulative)
15th June 15,000 5,000 10,000 @1% * 3*10,000 = 300
15th September 45,000 25,000 20,000 @1% * 3 *20,000=600
15th December 75,000 35,000 40,000 @1% * 3 *40,000=1200
15th March 1,00,000 50,000 50,000 1% * 1 *50,000=500

Total interest payable is Rs 2600. Remember that automatically calculates interest according to Article 234 for you based on the amount you enter and dates.

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Analysis of Tax Audit – Forms 3CA, 3CB, 3CD & 3CE

Income tax rules require few taxpayers to revise their accounts 44AB. The auditor must present the audit report in a specified audit form together with detailed information.

Audit Forms

The review report must be presented in one of the following forms:

Form 3CA – For taxpayers engaged in business or profession and already authorized to have their accounts revised under other laws (ie, other than tax).
An undertaking is obliged to have its accounts revised on the basis of the 2013 Act. Thus, it will form 3CA.

Form 3CB – For taxpayers who carry out a business or profession but are not required to have their accounts revised under other laws.

Information about Form 3CA

Section 1

  • Name and address of the taxpayer together with the fixed number of the account,
  • Name of Auditor (Individual / Company as applicable)
  • Laws whose accounts have been audited (eg: Companies)
  • Date of Audit Report
  • Profit and loss account/income and expenses (start date and closing date)
  • Balance sheet date

Section 2

  • Declaration of attaching forms 3CD along with the audit report

Section 3

  • Review comments / Qualities found in information related to Form 3CD

Section 4

  • Place and date of signature of the audit report
  • Name, address and membership number of the auditor
  • Stamp/seal of an accountant

Information about Form 3CB

Section 1

  • Balance sheet date
  • Profit and loss account/income and expenses (start date and closing date)
  • Name and address of the taxpayer together with the fixed number of the account

Section 2

Section 3 (a)

  • Audit Comments / Abilities / Comments / Discrepancies

Section 3 (b)

Statement by the auditor regarding –

  • To get all the information and explanations necessary for the audit
  • Ensuring that the organization (including branch offices) maintains proper accounting
  • Balance sheet and profit and loss account gives a true and fair view

Section 4

  • Declaration of attaching forms 3CD along with the audit report

Section 5

  • Audits / Discrepancies found in information related to Form 3CD

Section 6

  • Place and date of signature of an audit report
  • Name, address and membership number of the auditor
  • Stamp/seal of the accountant

Form 3CE – Audit Report for Non-residents and Foreign Companies

Residents of non-residents and foreign companies who receive patents or fees for technical services from the government or Indian concerns must have their accounts revised.

Information about Form 3CE

Section 1

  • Name and address of foreigners together with the fixed number of the account
  • Financial year, where the auditor has conducted the audit

Section 2

  • A statement to obtain all the information and explanations necessary for the audit

Section 3

  • Certification of permanent establishment / permanent establishment in India.

Section 4

  • Statement of income from royalties/fees for technical services under Chapter 44 for the relevant food year.

Section 5

  • Signature and name of auditor together with stamp/seal

Due date to receive the audit report

  • A taxpayer must receive an audit report no later than 30 September of the assessment year concerned. By 2017-18, the audit report will be available until September 30, 2018.
  • The auditor will submit an tax audit report to the taxpayer electronically, which must be approved by the taxpayer before it will be filed.

Penalty interest because the audit report is not submitted

Food Representative may impose a penalty on u / s 271B if the taxpayer does not get his accounts audited or file the audit report. The minimum reduction may be 0.5% of total sales, turnover or gross tax, which may rise to Rs. 1,50,000. However, if a taxpayer gives a reasonable reason for a violation, no penalty will be imposed.

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