The seven Regional Directors (RDs) are responsible for the respective regions, with a number of States and Union Territories comprising each region. The offices of the Registrars of Companies and the Official Liquidators operating in their regions are supervised by them. In matters relating to the administration of the Companies Act and LLP Act, they also maintain liaison with the respective State Governments and the Central Government. The Regional Directors have been assigned to some powers of the Central Government under the Act. They were also declared as Department Heads. An inspection unit is also attached to the office of each Regional Director for the inspection of the books of company accounts under Section 209A of the Companies Act.
Responsibilities and Duties:
1. Communicate and comply with employees' local and corporate office policies by leading by example.
2. Plan forecast for business levels, financial and staffing needs, operational strategies and expectations for facilities on schedule.
3. Draft competitive regional proposals with price, efficiency and timetable in mind.
4. Employ trained sales agents and strategize for each region for sales management.
5. Ensure compliance with the sales lead process for the agent and sales management.
6. Develop and analyse regional strategies for recruiting and retaining talent.
7. Develop and operate assessment processes to review the efficacy of talent retention and recruit and retain high-performing employees.
8. Train external regional sales workers and mentor them.
9. Under regional duty, execute regional office contracts and operational locations.
10. Ensure future profitability by performance evaluations and regular competency discussions and outcomes achieved.
11. Managing the duties of the local trainer and activity growth manager.
12. Employ regional managers with approval from the Program Manager.
Registrar of Companies
The Registrar of Companies (ROC) is an agency under the Ministry of Corporate Affairs (MCA), which is the entity in India concerned with corporate governance and Limited Liability Partnerships. 25 Registrars of Companies (ROCs) are currently working in all major states/UTs. States such as Tamil Nadu and Maharashtra do however have more than one ROC. As per section 609 of the Companies Act, 1956, the ROCs are responsible for the primary duty of registering both companies and LLPs across states and union territories. Currently, the same powers conferred under section 609 are given to the ROCs under section 396 of the Companies Act, 2013, after the enactment of the Companies Act, 2013. The Registrar of Companies also certifies that the legal specifications set out in the Limited Liability Partnership Act, 2008 are fulfilled by LLPs (Limited Liability Partnerships).Registrar of Companies maintains a registry of records concerning companies which are registered with them and allows the general public in accessing this information on payment of a stipulated fee. The Central Government preserves administrative control over the Registrar of Companies with the help of Regional Directors. As of today, there are seven Regional Directors, supervising the operations of ROCs within their relevant regions.
The ROC's roles:
1. The ROC takes control of the country's registration of a company (also referred to as the company's incorporation).
2. It completes the supervision and monitoring of businesses and their shareholders and managers, and also handles government reporting on a variety of topics, including the annual filing of a number of documents.
3. In promoting and encouraging business culture, the Registrar of Companies plays an important role.
4. To come into being, any company in the country needs the approval of the ROC. The ROC issues a certificate of incorporation that is the definitive proof of any company's existence. A business, once incorporated, cannot cease to exist until the name of the company is withdrawn from the company register.
5. It is worth noting, among other roles, that the Registrar of Companies may also request supplementary information from any corporation. With the prior permission of the court, it could search the premises and seize the account books.
6. Most notably, a petition for the liquidation of a company may also be lodged by the Registrar of Companies.
No organisation may come into being by itself. It requires a certificate of incorporation issued after certain legislative criteria have been finalised by the Registrar of Companies. The promoters need to apply many documents to the Registrar of Companies as part of the statutory procedure. These documents include the Memorandum of Association (MoA), the Articles of Association (AoA), the pre-incorporation agreement for the appointment of directors and managing directors, and a statement by an approved individual confirming compliance with the registration requirements. After the records have been authenticated, the ROC enters the name of the company into the company registry and issues the certificate of incorporation. The Registrar is also issuing a certificate of commencement of company along with the certificate of incorporation. To obtain this certificate prior to commencing business, a public limited company is required.
ROC may refuse to register a business for different reasons. The Memorandum of Association (MOA) completed by the registrar consists of five clauses, i.e. Name clause; clause of objects; clause of registered office; clause of capital and clause of obligation. For companies with an offensive name, the registrar needs to ensure that no registration is allowed. The relationship of the ROC and a company has no end. For example a business can require that its name, goals or registered office be changed. After completion of the formalities, a business will have to intimate the ROC in each such case.
In compliance with the provisions found in section 117 of the Companies Act, 2013, any resolution must be submitted with the ROC within 30 days of its passage. All such resolutions need to be registered by the Companies Registrar. In the event of failure to file the resolutions with the registrar within the prescribed period, the Companies Act, 2013, has also defined the penalty. In other terms, a corporation is expected to notify the Registrar of Companies of all of its operations, including the appointment of directors or managing directors, the issuance of prospectuses, the appointment of sole selling agents or the voluntary liquidation resolution, etc.