The Interface between RoC and NCLT: Regulatory Overlaps and Procedural Challenges

The evolution of corporate regulation and administration has been in India for longer period of time. To keep the pace of regulations and process faster and provide scrutiny the powers and responsibilities have been split in various cases between the Registrar of Companies (“ROC”) and National Company Law tribunal (“NCLT”). While the RoC serves as the administrative authority, whose role is to ensure the process of compliance and maintenance of statutory records of the entities registered under them, Whereas the NCLT functions as a quasi-judicial body hearing and looking after disputes and approving larger corporate restructurings. This Research will provide a detailed analysis on the dual structure of Both RoC as well as NCLT on where they collide and create procedural challenges for implementing the process or objectives specified as per the laws, i.e Companies Act,2013, Limited Liability Partnership Act, 2008(“LLP Act”), The Insolvency and Bankruptcy Code, 2016(“IBC”). This study further critically evaluates the statutory power of both the bodies under the Companies Act, LLP Act, and IBC, and identify the instances where their roles overlap without procedural clarity. These acts sometimes mandate the dual approval of Both ROC and NCLT to proceed further, and complying for such often results in delays. Keywords: Companies Act,2013, ROC, NCLT, Disputes, Corporate structure.