Registrar of Companies (ROC) Appeals

In India, ROC Appeals refer to the process of challenging decisions made by the Registrar of Companies (ROC) under the Companies Act, 2013. The ROC, operating under the Ministry of Corporate Affairs (MCA), regulates company incorporation, compliance, and enforcement of corporate laws.

• Rejection of Company Registration: If the ROC refuses to incorporate a company or rejects the proposed company name.
• Striking Off a Company: If a company is removed from the register due to non-compliance (under Section 248 of the Companies Act).
• Penalties for Non-Compliance: If the ROC imposes fines for failure to file annual returns, financial statements, or other regulatory breaches.
• Denial of Extension Requests: If the ROC refuses to grant an extension for filing statutory documents (e.g., Annual Returns, Financial Statements).
• Orders Related to Directors’ Disqualification: If directors are disqualified due to non-compliance by the company.
• Other Orders Affecting Company Operations: Any decision by the ROC that impacts a company’s legal standing or business activities.

• Obtain the ROC Order: Review the ROC’s decision and identify the grounds for appeal.
• Prepare the Appeal Petition: The specific ROC order being challenged, Legal grounds for appeal under the Companies Act, 2013.Supporting documents and affidavits.
• File the Appeal with NCLT: Submit the petition with the prescribed fee.
• Hearing at NCLT: Both parties present their arguments and evidence.
• Decision by NCLT: If favorable, the ROC must comply with the tribunal’s order.
• Further Appeal (if needed): If dissatisfied, an appeal can be filed with the NCLAT or a higher court.