In the recent order of adjudication passed by the Ministry of Corporate Affairs ( MCA ) Registrar of Companies, a penalty of Rs. 4 lakhs was imposed on a private limited company and its directors for the failure to maintain a registered office by the company. The company has been registered under the Companies Act, 2013, and the authorised capital of the company is Rs. 10 lakhs. Become a PF & ESIC expert with our comprehensive course – Enroll Now An inquiry under Section 206 of the Companies Act, 2013 was ordered against the company and the inquiry officer had issued notice dated 23-11-2020 at the registered address of the Company.
It was found that the letter has been received back undelivered with the postal remark ” Left Address ” which means that the company is not maintaining the registered office of the company hence violating provisions of Section 12 of the Companies Act, 2013. Section 12(1) of the Act provides that “a company shall, within thirty days of its incorporation and at all times thereafter, have a registered office capable of receiving and acknowledging all communications and notices as may be addressed to it.
Become a PF & ESIC expert with our comprehensive course – Enroll Now (ii) Section 12(4) QI the Act reads as under:-Notice of every change of the situation of the registered once, verified in the manner prescribed, after the date of incorporation of the company, shall be given to the Registrar within thirty days of the change, who shall record the same. (iii) Section 12(8) of the Act further provides that (if any default is made in complying with the requirement of this section, the company and every officer who is in default shall be liable to a penalty of one thousand rupees for every day during which the default continues but does not exceed one lakh rupees.
“ Become a PF & ESIC expert with our comprehensive course – Enroll Now Although a show cause notice was issued to the company and its officers, no reply was furnished, due to which the matter was not called for a hearing, and the adjudicating authority concluded that the company and its 3 directors are liable to pay a penalty under Section 12(8) of the Companies Act. This order was issued by Seema Rath, Registrar of Companies & Adjudicating OfficerUttar Pradesh, Kanpur.