No more fly-by-night companies on fictitious addresses

August 23, 2022

Synopsis

The Registrar shall now visit the address of the registered office of the company and may cause the physical verification of the registered office in the presence of two independent witnesses of the locality where the registered office is situated. The rules said that the official may also seek assistance of the local Police, if required.

Fly-by-night companies will not be able to operate from fictitious addresses any longer. To ensure the authenticity of the company's office, the Registrar will now visit the address of the registered office for physical verification.

Scores of instances have been discovered by the investigating agencies in the past where fly-by-night companies have been found operating from fictitious addresses and indulging in illegal activities. Moreover, many such companies have been found operating from a single address. There are many localities like Shakarpur in East Delhi and many areas in Central Delhi where such companies have been found registered on false addresses.

As per the Companies (Incorporation) Third Amendment Rules, 2022, the Registrar, based upon the information or documents made available to the ministry of corporate affairs, shall visit the address of the registered office of the company and may cause the physical verification of the registered office in the presence of two independent witnesses of the locality where the registered office is situated. The rules said that the official may also seek assistance of the local Police for such verification, if required.

The Registrar shall carry the documents as filed in support of the address of the registered office of the company for the purposes of physical verification and to check the authenticity of the same by cross verification with the copies of supporting documents of such address collected during the said physical verification, duly authenticated from the occupant of the property where the said registered office is situated, it said.

Moreover, the Registrar will take a photograph of the registered office while carrying out physical verification of the same. The report of the physical verification will also include a copy of the agreement or rent agreement or No Objection Certificate of the registered office of the company from owner or lessor.

Where the registered office of the company is found to be not capable of receiving and acknowledging all communications and notices, the Registrar shall send a notice to the company and all the directors of the company, of his intention to remove the name of the company from the register of companies and requesting them to send their representations along with copies of relevant documents, if any, within a period of thirty days from the date of the notice before taking further action in accordance with the provisions of section 248 of the Act," said the amendment rules notified recently.

[The Economic Times]