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Companies (Incorporation) Third Amendment, Rules, 2022 – 18th August, 2022
Mehta & Mehta > SEBI Updates > Companies (Incorporation) Third Amendment, Rules, 2022 – 18th August, 2022
MCA vide its notification dated 18th August, 2022, made amendments to the Companies (Incorporation) Rules, 2014. These rules may be called as Companies (Incorporation) Third Amendment, Rules, 2022.
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Part/Chapter/Section /Sub-section(s) in the Companies Rules, 2016 Modifications
Part/Chapter/Section /Sub-section(s) in the Companies Rules, 2016 Modifications
Analysis
1.
rule 25B is inserted after rule 25A of Companies (Incorporation) Rules, 2014
“25B. Physical verification of the Registered Office of the Company:- (1) The Registrar, based upon the information or documents made available on MCA21, shall 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 sub-section (9) of section 12, in presence of two independent witness of the locality in which the said registered office is situated and may also seek assistance of the local police of such verification, if required.
Due to insertion of new rule, a requirement has been availed for physical verification of the registered office in presence of two independent witness by Registrar. Registrar can also seek assistance of the local police for verification if required.
(2) The Registrar shall 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 the 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.
Physical verification of the registered office of the company to be made by cross verifying documents submitted with MCA 21. Further, property should be duly authenticated from the occupant of the property whereat the said registered office is situated.
(3) The Registrar shall take a photograph of the registered office of the company while causing physical verification of the same.
Requirement to take photograph of the registered office of the company has been availed in order to complete physical verification.
(4) The report of the physical verification shall be prepared in the following format namely:- 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 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)
Following format needs to followed while preparing report of physical verification : 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 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)
(5) Where the registered office of the company is found to be not capable of receiving and acknowledging all communication and notices, the Registrar 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 and requesting them to send their representations along with copies of relevant documents, if any, within a period of thirty days from the date of the notice before taking further actions in accordance with the provisions of section 248 of the Act.”
In case, where registered office is not capable of receiving and acknowledging all communication and notices, the registrar may send notice to the company and all directors of the company of his intention to remove name of company from registrar of companies and request representations, if any to be submitted within thirty days from the date of notice in accordance with provisions of section 248 of the Act.
