Revision of Powers delegated to Registrar of Companies (ROC)

MCA has issued a notification in supersession of the 1985 notification regarding delegation of powers to the ROC

• Section 21 – Change of name of the Company
• Section 25 – Incorporation of Non Profit Companies
• Proviso to Sub-section (1) of section 31 – Approval of alteration of articles of association
• Sub-section (1D) of section 108 – Extension of the validity of transfer deed
• Section 572  – Change of name of Companies formed under previous Companies Act

The powers and functions under sub-section (1 D) of section 108 shall be exercised and performed either by the Registrar of Companies of the State in which the registered office of the company is situated, or by the Registrar of Companies of the State in which the transferee ordinarily resides.

The notification issued by MCA is reproduced below for ready reference.

GOVERNMENT OF INDIA

MINISTRY OF CORPORATE AFFAIRS

New Delhi, dated the l3- March, 2011

NOTIFICATION

G.S.R. (E): In exercise of the powers conferred by sub-section (1) of section 637 of the Companies Act, 1956 (1 of 1956), and suppression of the notification of the Government of India, in the (Department of Company Affairs), G.S.R. No. 506 (E) dated the 24^th June, 1985, except as respects things done or omitted to be don much before such suppression, the Central Government hereby delegates to the Registrars of Companies, the powers and functions of that Central Government under the following provisions of the said Act, namely:-

• Section 21,
• Section 25,
• Proviso to Sub-section (1) of section 31,
• Sub-section (1D) of section 108,
• Section 572 :
• Provided that the powers and functions under sub-section (1 D) of section 108 shall be exercised and performed either by the Registrar of Companies of the State in which the registered office of the company is situated, or by the Registrar of Companies of the State in which the transferee ordinarily resides.

2. This notification shall come into force on the date of its publication in the Official Gazette.

[F. No. 5 / 07/ 2011-CL-V]

 

(Renuka Kumar)

Joint Secretary to the Government of India