In the recent order of adjudication passed by the Ministry of Corporate Affairs ( MCA ) Registrar of Companies, a penalty of Rs. 6 lakhs was imposed on a private limited company and its directors over the non-filing of e-form MGT-14.
The company has been registered under the Companies Act, 2013, and the authorised capital of the company is Rs. 10 lakhs. The adjudicating authorities noted that the company failed to file e-form MGT-14 for the years 2017 to 2020 for account approval, violating Section 117(1) read with Section 179(3)(g) of the Companies Act, 2013. As a result, the company and its directors are liable for penal action.
Although a show cause notice dated ( SCN ) 11-06-24 was issued to the company and its officers, no reply was furnished within 15 days, due to which the matter was not called for a hearing.
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It was observed by the adjudicating authority that neither the company nor its directors or their representatives furnished a reply to the SCN, it was evident that the company is not maintaining its registered office. company is not maintaining its registered office. Thus, making the company and its directors liable to penalty as per Section 117 of the Companies Act, 2013.
The penalty imposed has been clearly given in the table in the order.This order was issued by Seema Rath, Registrar of Companies & Adjudicating Officer.Uttar Pradesh, Kanpur. In this order, the penalty was imposed on both the company and its 3 directors, totaling Rs. 3.5 lakhs.
The order also contained that the notice must pay the penalty individually via e-payment on the MCA website under “Pay Miscellaneous Fees” within 90 days, and an appeal can be filed with the Regional Director (Northern Region), Ministry of Corporate Affairs, within 60 days using Form ADJ, along with a certified copy of this order.
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