ROC stands for Registrar of Companies which is an office under the Indian Ministry of corporate affairs that deal with the administration of the Companies Act, 2013. ROC has been appointed under section 609 of the companies act covering the various States and Union Territories are vested with the primary duty of registering companies and LLPs floating in the respective states and the Union Territories and ensuring that such companies and LLPs comply with statutory requirements under the act. The office of ROC functions as registry records, related to the companies registered with them, which are available for inspection by members of public on payment of the prescribed fee. Moreover, there are currently 22 Registrars of companies (ROC) operating from offices in all major states of India.
Besides, the central government exercises administrative control over these offices through the respective Regional Directors. It is important to comply with all compliances applicable to your company to avoid penalties and fines.
|Compliance to be done||When is this to be done?||Penalty for non-compliances|
|1.Issue of share certificate||The company must issue the share certificate to its shareholders within two months of its incorporation or new allotment.||
|2.Statutory Registers||7 to 8 Mandatory Registers to be maintained and updated from time to time||
|3.Board Meeting Compliances||
|4.Annual General Meeting (AGM) Compliance||
5.Annual ROC Filings
Public companies must hold an AGM each year. There is no legal requirement for a private company to hold an AGM but the company's articles may require it to do so. A private company can pass resolutions of its shareholders either at a general meeting or by means of a written resolution.
An Extraordinary General Meeting (EGM) is any meeting other than the AGM in which business relating to company's management are transacted. It can be held on any day excluding national holiday, in business hours only. It can be held on any day including national holiday, and any time during a day.
Shorter Notice may be given to the shareholders of a Company for convening General Meeting be it Annual General Meeting (AGM) or Extra-Ordinary General Meeting (EGM). Detailed provisions under the Companies Act 2013 are described below.
Short notice means at least 21 days clear notice to be served on to call a general meeting of shareholders of companies.
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