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How are you planning to file for ROC-E-FILING? Contact GST Suvidha Centers to get expert help.
ROC-E-Filing
Under the ROC Filing, every company has to file its annual accounts and annual return as per The Companies Act, 2013 within 30 days and 60 days respectively in a computerized mode along with the prescribed fees or with the number of additional fees in the event of delayed filing.
The various documents, returns, etc. that are required for ROC Forms Filings could be categorized as those which are required to be filed once in a year (Annual Filing Obligations) and those which are required to be filed from time to time with ROC/Central Government as provided under the Act.
General Points to be Kept in Mind while Doing the Annual ROC Filing
The notice of Board Meeting should be sent to all the directors before 7 days and acknowledgment for the same should be taken.
ย As per Section 134 of the Companies Act, 2013 the financial statement, including consolidated financial statement, if any, shall be signed on behalf of the Board at least by the chairperson of the company where he is authorized by the Board or by two directors out of which one shall be the managing director and the Chief Executive Officer, if he is a director in the company, the Chief Financial Officer and the company secretary of the company, wherever they are appointed, or in the case of a One Person Company, only by one director.
ย As per Section 101 of the Companies Act, 2013, a clear 21 daysโ notice for the general meeting shall be given to all the members, legal representatives of any deceased person, auditor, and every director of the company by physical or electronic mode. The notice should also contain the location map of the venue of the general meeting as per Secretarial Standards and should be placed on the website if any.
ย The company shall prepare its books of accounts and keep it at its registered office. If the company chooses to place at any other place, then the company will have to file AOC-5 by passing a board resolution.
ย While uploading the forms, care should be taken that the form is the latest version as provided on the MCA.
Functions of the ROC
The ROC takes care of the registration of a company (also referred to as incorporation of the company) in the country.
ย It completes regulation and reporting of companies and their shareholders and directors and also administers government reporting of several matters which includes the annual filing of numerous documents.
ย The Registrar of Companies plays an essential role in fostering and facilitating business culture.
ย Every company in the country requires the approval of the ROC to come into existence. The ROC provides an incorporation certificate which is the conclusive evidence of the existence of any company. A company, once incorporated, cannot cease unless the name of the company is struck-off from the register of companies.
ย Among other functions, it is worthy to note that the Registrar of Companies could also ask for supplementary information from any company. It could search its premises and seize the books of accounts with the prior approval of the court.
ย Most importantly, the Registrar of Companies could also file a petition for winding up of a company.
How companies are registered by the Registrar of Companies
No company can come into existence by itself. It requires a certificate of incorporation issued by the Registrar of Companies after the finalization of several statutory requirements. As part of the statutory process, the promoters need to submit several documents to the Registrar of Companies. These documents include Memorandum of Association (MoA), Articles of Association (AoA), the pre-incorporation agreement for appointing directors/ managing directors and the declaration by an authorized person confirming that requirements relating to registration have been adhered to.
After authenticating the documents, the ROC inputs the companyโs name in the register of companies and releases the certificate of incorporation. The Registrar together with the certificate of incorporation also issues a certificate of commencement of business. A public limited company is required to get this certificate prior to commencing business.
ROC can refuse to register
ROC can refuse to register a company on various grounds. The Memorandum of Association (MOA) which is filled with the registrar comprises five clauses viz. name clause; objects clause; registered office clause; capital clause and liability clause. The registrar needs to ensure that no registration is allowed for companies having an objectionable name. The registrar could also decline to register any company which has unlawful objectives.
The role of ROC continues even after the registration of a company
There is no end to the association of the ROC and a company. For instance, a company might require changing its name, objectives or registered office. In every such instance, a company would have to intimate the ROC after completion of the formalities.
Filling resolutions with the Registrar of Companies
As per the provisions contained in section 117 of the Companies Act, every resolution is required to be filed with the ROC within 30 days of being passed. The Registrar of Companies needs to record all such resolutions. The Company law has also laid down the penalty in case of failure to file the resolutions with the registrar within the stipulated time. In other words, a company is required to intimate the Registrar of Companies concerning all of its activities which includes appointing directors or managing directors, issuing prospectus, appointing sole-selling agents, or the resolution regarding voluntary winding up, etc.
GST Suvidha Centers: Your One-Stop Solution for ROC E-Filing
In today’s fast-paced business environment, compliance with regulatory requirements is essential for ensuring smooth operations and avoiding penalties. One such crucial aspect is ROC (Registrar of Companies) E-Filing. GST Suvidha Centers, established as a one-stop solution for various tax-related services, have expanded their offerings to include efficient ROC E-Filing services.
Understanding ROC E-Filing
ROC E-Filing is a digital platform that allows companies to submit various forms and documents to the Registrar of Companies electronically. This streamlined process eliminates the need for physical paperwork and significantly reduces the time and effort required for compliance.
Benefits of ROC E-Filing
Time-saving: E-Filing eliminates the need for manual paperwork and reduces the time taken for processing forms.
Convenience: Businesses can file forms from anywhere with an internet connection, making it convenient and flexible.
Accuracy: The electronic system minimizes errors and ensures accurate data submission.
Real-time updates: E-Filing provides real-time status updates on form submissions, allowing businesses to track the progress.
Paperless: E-Filing promotes a paperless environment, contributing to sustainability.
GST Suvidha Centers offer a comprehensive range of ROC E-Filing services, catering to the diverse needs of businesses. Here’s a breakdown of the services they provide:
Company Incorporation:
Form INC-29 (for private limited companies)
Form INC-32 (for one-person companies)
Form INC-33 (for limited liability partnerships)
Annual Compliance:
Form AOC-4 (Annual Return)
Form PAS-3 (Annual General Meeting)
Form MGT-7 (Notice of Board Meeting)
Changes and Amendments:
Form GNL-2 (Change in Registered Office)
Form SH-7 (Transfer of Shares)
Form INC-22 (Change in Directors)
Other Forms:
Form INC-24 (Notice of Commencement of Business)
Form INC-27 (Notice of Cessation of Business)
Form INC-28 (Notice of Amalgamation)
Why Choose GST Suvidha Centers for ROC E-Filing?
Expert Guidance: GST Suvidha Centers have a team of experienced professionals who can guide businesses through the entire ROC E-Filing process.
Accurate Filing: They ensure that all forms are filed accurately and within the prescribed deadlines.
Timely Updates: GST Suvidha Centers keep clients informed about the latest changes in ROC regulations.
Affordable Pricing: They offer competitive pricing for their ROC E-Filing services.
Excellent Customer Service: GST Suvidha Centers prioritize customer satisfaction and provide prompt and efficient support.
The ROC E-Filing Process at GST Suvidha Centers
Consultation: Clients can schedule a consultation with GST Suvidha Center experts to discuss their specific requirements.
Document Collection: The necessary documents are collected from the client.
Form Preparation: GST Suvidha Centers prepare the required ROC forms accurately and efficiently.
Digital Submission: The forms are submitted electronically to the ROC.
Follow-Up: GST Suvidha Centers provide regular updates on the status of the filing process and assist with any queries that may arise.
Conclusion
GST Suvidha Centers offer a reliable and convenient solution for ROC E-Filing. By leveraging their expertise and efficient processes, businesses can ensure timely compliance with ROC regulations and avoid penalties. If you’re looking for a trusted partner to handle your ROC E-Filing needs, consider GST Suvidha Centers.
FAQ'S
ROC E-Filing Services
What is ROC E-Filing?
ROC E-Filing is an online platform provided by the Registrar of Companies (ROC) in India for various corporate filings. It allows companies to submit their forms electronically, reducing paperwork and streamlining the process.
Why is ROC E-Filing important?
ROC E-Filing offers several benefits, including:
Convenience: It eliminates the need for physical submission of forms.
Efficiency: It speeds up the processing time for corporate filings.
Accuracy: It reduces the chances of errors and omissions in filings.
Accessibility: It provides easy access to corporate information.
Who can use ROC E-Filing?
Any company registered with the ROC can use E-Filing services. This includes private limited companies, public limited companies, one-person companies, and foreign companies operating in India.
Types of E-Filings
What types of forms can be filed through ROC E-Filing?
ROC E-Filing allows for the filing of various forms, including:
Incorporation forms (Form DIR-1, Form INC-29)
Annual returns (Form AOC-4, Form AOC-4X)
Changes in company details (Form INC-22, Form INC-24)
Winding up forms (Form INC-25)
Other forms as required by the Companies Act.
Can I file a form through ROC E-Filing if it is not listed on the platform?
No, only forms that are explicitly listed on the ROC E-Filing platform can be filed electronically.
E-Filing Process
How do I register for ROC E-Filing?
To register for ROC E-Filing, you need to obtain a digital signature certificate (DSC) from a certified authority. Once you have a DSC, you can register on the MCA portal using your DIN (Director Identification Number).
What is a digital signature certificate (DSC)?
A DSC is an electronic signature that verifies the authenticity of a digital document. It is required for filing forms through ROC E-Filing.
What documents are required for ROC E-Filing?
The specific documents required for each form will vary. However, common documents include:
Incorporation documents
Financial statements
Board resolutions
Affidavits
Other relevant documents.
Can I file multiple forms in a single transaction?
Yes, you can file multiple forms in a single transaction using the bulk upload feature on the ROC E-Filing portal.
What is the fee for ROC E-Filing?
The fees for ROC E-Filing vary depending on the type of form and the size of the company. You can find the applicable fees on the MCA portal.
E-Filing Status and Corrections
How can I track the status of my ROC E-Filing?
You can track the status of your ROC E-Filing on the MCA portal. The portal will display the current status of your forms and any pending actions.
Can I make corrections to my ROC E-Filing after submission?
Yes, you can make corrections to your ROC E-Filing after submission. However, there may be a deadline for making corrections, so it is important to act promptly.
Technical Issues
What should I do if I encounter technical issues during ROC E-Filing?
If you encounter technical issues, you can contact the MCA helpline or seek assistance from a registered intermediary.
Is there a helpline number for ROC E-Filing?
Yes, the MCA provides a helpline number for assistance with ROC E-Filing. You can find the number on the MCA portal.
Penalties and Compliance
What are the penalties for non-compliance with ROC E-Filing requirements?
ย Failure to file ROC forms electronically or submitting incorrect information can result in penalties. These penalties may include fines and disqualification of directors.
How can I ensure compliance with ROC E-Filing regulations?
To ensure compliance, it is recommended to:
Keep your company’s records up-to-date.
Submit forms within the prescribed deadlines.
Use the correct format and templates for filings.
Seek professional advice if needed.
Can I use ROC E-Filing for other corporate filings besides those related to the Companies Act?
No, ROC E-Filing is specifically for filings under the Companies Act.
Is it mandatory to use ROC E-Filing?
Yes, it is mandatory for companies registered under the Companies Act to file their forms electronically using ROC E-Filing.
Can I use ROC E-Filing for foreign companies operating in India?
Yes, foreign companies registered in India can use ROC E-Filing for their corporate filings.
Is there a fee for registering for ROC E-Filing?
There is no fee for registering for ROC E-Filing.
Technical FAQs
What is the minimum system requirement for using ROC E-Filing?
The minimum system requirements for ROC E-Filing can be found on the MCA portal.
Can I use a mobile app for ROC E-Filing?
Yes, the MCA has a mobile app for ROC E-Filing. You can download it from the app store.
What is the best browser to use for ROC E-Filing?
The MCA recommends using a recent version of a supported web browser, such as Chrome, Firefox, or Edge.
What should I do if I forget my login credentials for ROC E-Filing?
If you forget your login credentials, you can use the “Forgot Password” option on the MCA portal to reset your password.
Security and Privacy
Is ROC E-Filing secure?
Yes, ROC E-Filing uses advanced security measures to protect your data. The platform is encrypted and uses secure protocols to ensure data confidentiality.
How can I protect my data while using ROC E-Filing?
To protect your data, you should:
Use a strong password for your ROC E-Filing account.
Avoid sharing your login credentials with others.
Be cautious of phishing attempts.
Additional FAQs
Can I get assistance with ROC E-Filing from a registered intermediary?
Yes, you can hire a registered intermediary to assist you with ROC E-Filing. They can provide guidance, support, and ensure compliance with regulations.
What is the difference between Form AOC-4 and Form AOC-4X?
Form AOC-4 is the annual return for companies with a paid-up capital of more than โน5 crore, while Form AOC-4X is for companies with a paid-up capital of โน5 crore or less.
What is the difference between Form INC-22 and Form INC-24?
Form INC-22 is used to notify the ROC of changes in the registered office of a company, while Form INC-24 is used to notify the ROC of changes in the company’s directors or key managerial personnel.
Can I file ROC forms through a third-party software?
Yes, there are third-party software solutions available that can automate ROC E-Filing processes.
What is the deadline for filing annual returns through ROC E-Filing?
The deadline for filing annual returns varies depending on the company’s size and financial year. You can find the specific deadline on the MCA portal.
Can I file ROC forms after the due date?
Yes, you can file ROC forms after the due date, but you may be subject to penalties.
What is the significance of the DIN in ROC E-Filing?
The DIN is used to identify the individuals who are directors of a company. It is essential for filing ROC forms.
Can I use a digital signature certificate issued by a foreign authority for ROC E-Filing?
No, the DSC must be issued by a certified authority in India.
Can I file ROC forms using a mobile device?
Yes, you can use the MCA mobile app to file ROC forms on your mobile device.
What is the difference between a Form DIR-1 and Form INC-29?
Form DIR-1 is used for the incorporation of a private limited company, while Form INC-29 is used for the incorporation of a one-person company.
Can I file ROC forms offline?
No, ROC E-Filing is an online process. All forms must be filed electronically.
What is the significance of the ROC registration number?
The ROC registration number is a unique identifier for a company. It is used in all corporate filings.
Can I get assistance with ROC E-Filing from a chartered accountant or company secretary?
Yes, chartered accountants and company secretaries can provide professional assistance with ROC E-Filing.
Q: How can a GST Suvidha Center assist with ROC E-Filing?
A: GST Suvidha Centers can provide comprehensive assistance with ROC E-Filing, ensuring that your forms are filed accurately, on time, and in compliance with all relevant regulations.
E-Filing Process
Q: What documents are required for ROC E-Filing?
A: The specific documents required for each form will vary. However, common documents include:
Incorporation documents
Financial statements
Board resolutions
Affidavits
Other relevant documents.
Q: Can GST Suvidha Centers help with gathering the necessary documents?
A: Yes, GST Suvidha Centers can assist you in gathering the required documents and ensuring that they are complete and accurate.
E-Filing Status and Corrections
Q: How can I track the status of my ROC E-Filing through a GST Suvidha Center?
A: GST Suvidha Centers can monitor the status of your ROC E-Filing and keep you updated on any developments.
Q: Can GST Suvidha Centers help me make corrections to my ROC E-Filing?
A: Yes, GST Suvidha Centers can assist you in making corrections to your ROC E-Filing if necessary. They can ensure that the corrections are made accurately and within the prescribed deadlines.
Technical Issues
Q: What should I do if I encounter technical issues during ROC E-Filing?
A: If you encounter technical issues, you can contact the GST Suvidha Center for assistance. They can help you troubleshoot the problem or provide alternative solutions.
Q: Can GST Suvidha Centers provide technical support for ROC E-Filing?
A: While GST Suvidha Centers may not be able to provide direct technical support for the ROC E-Filing platform, they can assist you in navigating the process and resolving any issues that may arise.
Penalties and Compliance
Q: Can GST Suvidha Centers help me avoid penalties for non-compliance with ROC E-Filing regulations?
A: Yes, GST Suvidha Centers can help you ensure compliance with ROC E-Filing regulations by providing guidance, support, and timely reminders.
Q: What are the penalties for non-compliance with ROC E-Filing?
A: Failure to file ROC forms electronically or submitting incorrect information can result in penalties. These penalties may include fines and disqualification of directors.
Additional Services
Q: Can GST Suvidha Centers provide other corporate compliance services?
A: In addition to ROC E-Filing, GST Suvidha Centers may offer other corporate compliance services, such as GST compliance, income tax compliance, and secretarial services.
Q: How do I choose a GST Suvidha Center for ROC E-Filing services?
A: When selecting a GST Suvidha Center for ROC E-Filing services, consider the following factors:
Experience: Look for a center with experience in handling ROC E-Filing and other corporate compliance matters.
Reputation: Check the center’s reputation and customer reviews.
Fees: Compare the fees charged by different centers to find the best value.
Location and convenience: Consider the center’s location and whether it offers online services.
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