Indore (Madhya Pradesh): From now on, the physical verification of the seat of a registered company will be mandatory and the directors will do it. For this, the necessary corrections to the Company Code have been made. Under section 12(9) of the Companies Act 2013, new Rule 25B has been inserted.
The Ministry of Corporate Affairs (MCA), in its Notice of August 18, amended the Companies (Constitution) Rules, 2014, by notifying the Companies (Constitution) Third Amendment Rules, 2022. However, the Companies (Constitution) The Third Amendment Rules, 2022, are effective from the date of their publication in the Official Gazette.
Accordingly, a physical verification of the registered office of a company will be carried out and the Registrar, based on the information or documents made available on MCA 21, will visit the address of the registered office of the company and may proceed to a physical verification of the registered office. for the purposes of subsection (9) of Section 12, in the presence of two witnesses independent of the locality in which the registered office is located. He can also request the assistance of the local police for this check, if necessary.
The Registrar must carry the documents as filed on MCA 21 in support of the address of the registered office of the company for the purpose of physical verification and verify the authenticity thereof by cross-checking with the copies of the documents proof of this address. collected during said physical verification, duly authenticated by the occupant of the property where the head office is located. The civil registrar takes a photograph of the company’s registered office by carrying out a physical verification of it.
CA Abhay Sharma said it was a very good amendment and would help stop the formation of bogus societies.
(To receive our electronic document daily on WhatsApp, please click here. To receive it on Telegram, please click here. We allow sharing of the PDF of the document on WhatsApp and other social media platforms.)