The Ministry of Corporate Affairs (MCA) has penalized Sunstar Mutual Services Nidhi Limited and its directors after rejecting the company’s e-Form NDH-4, citing a failure to maintain a registered office, in violation of Section 12 of the Companies Act, 2013.
Sunstar Mutual Services Nidhi Limited, incorporated on February 28, 2019, with an authorized capital of Rs. 5,00,000, failed to comply with the statutory requirement of maintaining a registered office capable of receiving official communications.
Following the rejection of e-Form NDH-4, the Registrar of Companies (ROC), Uttar Pradesh, issued a letter on May 29, 2023, seeking clarification. However, the letter was returned undelivered, indicating that the company was not maintaining its registered office, thereby violating Section 12(1) of the Companies Act, 2013.
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A show-cause notice was sent on March 20, 2024, giving the company and its directors 15 days to respond. No reply was received, leading to the imposition of penalties under Section 12(8) of the Companies Act, 2013.
The MCA imposed a penalty of Rs. 1,00,000 each on the company and its directors for failing to maintain a registered office, violating Section 12(1) of the Companies Act, 2013. Although the default lasted between 200 to 296 days, the penalty was capped at Rs. 1,00,000 per entity/individual as per Section 12(8) of the Act.
The penalty must be paid via e-payment on the MCA website under the “Pay Miscellaneous Fees” section within 90 days of receiving the order.
The company and its directors may file an appeal within 60 days before the Regional Director (Northern Region), Ministry of Corporate Affairs, New Delhi, by submitting Form ADJ along with a certified copy of the order.
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