ELP Corporate Update - MCA Prescribes Procedure For Physical Verification Of Registered Office Of A Company

Requirements of physical verification

The ROC, based upon the information or documents made available on MCA 21, is required to visit at the address of the registered office of the company and may cause the physical verification of the said registered office for the purposes of Section 12(9) of CA2013 in compliance with the following requirements:

• Witnesses to be present: Physical verification to be done in the presence of 2 independent witnesses of the locality in which the said registered office is situated and may also seek assistance of the local police for such verification, if required.
  
  
• Authentication of documents: ROC to carry the documents as filed on MCA 21 in support of the address of the registered office of the company for the purposes of physical verification and to check authenticity of the same by cross verification with the copies of supporting documents of such address collected during the said physical verification, duly authenticated from the occupant of the property whereat the said registered office is situated.
  
  
• Photograph of registered office: ROC to take photograph of the registered office of the company while causing physical verification of the same.

Report of physical verification

The report on physical verification to contain the following information:

• Name and CIN of the company
  
  
• Latest address of the registered office of the company as per MCA 21 record
  
  
• Date of authorisation letter issued by ROC, and name of ROC
  
  
• Date and time of visit for physical verification of the registered office
  
  
• Location details along with landmark
  
  
• Details of the person available, if any, at the time of the visit (including name, address and relationship with the company, if any)
  
  
• Following documents are to be attached to the report:
  
  
  • Copy of the agreement/ownership/rent agreement/ No Objection Certificate of the registered office of the company from owner/tenant/lessor;
    
    
  • Photograph of the registered office;
    
    
  • Self-attested ID-Card of the person available, if any;
    
    
  • Any other documents.

Default in documents provided for registered office – removal of the name of company

If the registered office of the company is found to be not capable of receiving and acknowledging all communications and notices, the ROC 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. Such notice will also request the company and directors to send their representations along with copies of relevant documents, if any, within a period of 30 days from the date of the notice before taking further actions in accordance with Section 248 of CA2013 (Power of Registrar to remove name of company from register of companies).