MCA Update- Amendment in Incorporation Rules, 2014 W.e.f. 18-08-2022
New Rule Inserted 25B in Companies (Incorporation) Rules, 2014
Manner of Physical Verification prescribed if provisions of Section 12(9) are invoked
Physical Police Verification of Registered Office of Companies
25B. PHYSICAL VERIFICATION OF THE REGISTERED OFFICE OF THE COMPANY –
BY ROC Through Local Police.
- Police Inspector (authorised by Registrar of Companies) has to prepare Physical Verification Report of the Registered Office of the company in the given format.
- Report to be filed by ROC- o Need to attach Photograph of the Registered Office of the company to his report o Copy of Agreement/ownership/rent agreement/NOC of the Registered Office of the company from owner/tenant/lessor-Self attested ID-card of the person available, if any
- Independent two witness of the locality
- Registered Office if not found capable than ROC issue notice to Company and Directors and may strike off the company as well as impose penalties under the act.
The rule purely relates to manner of physical verification, if the provisions of Section 12(9) of the act is invoked.
Before interpreting the Rule 25B, one should read the language of 12(9) which starts with the words 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……removal of the name of the company from the register of companies under chapter XVIII.
Further Rules provide that such physical verification will be done by authorised Local Police Officer who will submit his report to RoC. (Just like same is done in case of Passport applications).
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