Rule 10 of Companies (Registration Offices and Fees) Rules, 2014
As per Rule 10, Every application or e-Form or document required or authorised to be filed or delivered under the Act and rules made thereunder for approval, registration, taking on record or rectification by the Registrar shall be examined or cause to be examined by the registrar within 30 days from the date of receipt of such application.
However, this was not mandated by any rules.
The Ministry of Corporate Affairs has inserted a new rule, Rule 10A after Rule 10 in the Companies (Registration Offices and Fees) Rules, 2014.
10A. Central Processing Center
Under Rule 10A, Registrar of Central Processing center is bound to scrutinize the applications and to dispose of the matter within 30 days excluding cases requiring approval from higher authorities which is clearly stated in the rule as under:
- The Registrar of the Central Processing Center established under sub-section (1) of section 396 shall examine or cause to be examined every application or e-Form or document required or authorised to be filed or delivered as provided under sub-rule (3), for approval, registration or taking on record by the Registrar
- The Registrar shall take a decision on the application, e-forms or documents within thirty days from the date of its filing excluding the cases in which an approval of the Central Government or the Regional Director or any other competent authority is required.
- The provisions of sub-rule (2) to (5) of rule 10 shall apply mutatis mutandis in relation to the examination of application, e-Forms or documents under this rule.
- The Registrar of the Central Processing Center shall exercise jurisdiction all over India in respect of the examination of following application, e-Forms or documents, namely:
S.no | Details of application, e-Form or documents |
(i) | Filing of Resolutions and agreements to the Registrar under section 117 of the Act in e-Form no. MGT-14 |
(ii) | Notice to Registrar of any alteration of share capital under section 64 of the Act in e-Form no. SH-7 |
(iii) | Application for approval of Central Government for change of name under section 13 of the Act in e-Form no. INC-24 |
(iv) | One Person Company- Application for Conversion under section 18 of the Act in e-Form no. INC-6 |
(v) | Conversion of public company into private company or private company into public company under sections 14 and 18 of the Act in e-Form no. INC-27 |
S.no | Details of application, e-Form or documents |
(vi) | Intimation to Registrar of revocation/surrender of license issued under section 8 of the Act in eForm no. INC-20 |
(vii) | Return of deposits under sections 73 and 76 of the Act in e-Form no. DPT-3 |
(viii) | Application to ROC for obtaining the status of dormant company under sub-section (1) of section 455 of the Act in e-Form no. MSC-1 |
(ix) | Application for seeking status of active company under sub-section (5) of section 455 of the Act in e-Form no. MSC-4 |
(x) | Letter of Offer under section 68 of the Act in form e-Form no. SH-8 |
(xi) | Declaration of Solvency under sub-section (6) section 68 of the Act in e-Form no. SH-9 |
(xii) | Return in respect of buy-back of Securities under sub-section 10 of section 68 of the Act in e-Form no. SH-11 |
- In case multiple applications, e-Forms or documents are filed at a time under sub-rule (4), then all the applications, e-Forms or documents shall be examined and decided by the Registrar of the Central Processing Center.
The said Rule 10A has come into force from 16th February, 2024. The rule aids the Ministry of Corporate Affairs (MCA) in maintaining a cleaner and more streamlined corporate registry by identifying and clearing the applications in an expedient manner, leading to more efficient registry management.