India has always been the forerunner among the emerging economies and it is a country with a lot of potential. To tap into this potential, there is a need to develop more and more businesses out of this country and have efficient rules and regulations while incorporating such businesses. The Indian government is taking steps in that direction by solidifying the process of company incorporation with minimizing the fraud incorporations.
For the same, the Central Government of India has issued a notification in order to make some amendments to the company incorporation rules, 2014 and hereby makes the following rule added further to the same. These rules will be called as companies (Incorporation) third amendment rules 2022, and after 25A, the following rule shall be inserted, namely – “25B. Physical verification of the Registered office of the company”.
Abide by the rule, 25B – Physical verification of the Registered office of the company. The Registrar, based upon the information or documents made available on MCA 21 by the company, shall visit at the address of the registered office of the company for the purpose of physical verification. This physical verification will be in the presence of two independent witnesses of the locality in which the registered office is located.
The registrar shall carry the documents as filed on MCA 21 in support of the address of the registered office and will cross verify to check the authenticity . The registrar shall take a photograph of the registered office of the company while causing physical verification. Later will prepare The report of physical verification of the registered office of the company in the following format:
- Name and CIN of the company
- Latest address of the registered office of the company as per MCA 21 record
- Date of authorisation letter by the Registrar of companies
- Name of the Registrar of the companies
- 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:
- Father’s Name
- Residential address
- Relationship with the company, if applicable
- Remarks if any
- Documents attached
- 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 document
If the registered office of a company is found to be not capable of receiving all communications and notices, the registrar shall send a notice to the company and all directors of the company to remove the name of the company from register of companies and request them to send their representations along with copies of relevant documents within 30 days. In case they do not do so, further action will be taken in accordance with section 248 of the act.