The Ministry of Corporate Affairs (MCA), through the Registrar of Companies (RoC), Uttar Pradesh, has imposed a penalty on a limited company and its directors for violating the provisions of Section 12(1) and 12(4) of the Companies Act, 2013. The penalty was levied after the company failed to maintain a valid registered office and did not inform authorities of any changes as required by law.
This limited company, incorporated under the Companies Act on 20.07.2022, has an authorized capital of Rs. 20,00,000. The issue arose when the MCA rejected the company’s e-form NDH-4 and subsequently sent a notice on 29.05.2023, seeking clarification. However, the notice was returned undelivered with the remark “Prapt Karta Ka Koi Pata Nahi Chala Hai”, indicating that the company did not maintain its registered office, violating Section 12 of the Companies Act, 2013.
Boost Your Business with SME IPO Funding Strategies – Enroll Now
According to Section 12(8) of the Act, failure to maintain a registered office attracts a penalty of Rs. 1,000 per day, subject to a maximum of Rs. 1 lakh for both the company and its defaulting officers. The adjudicating officer noted that neither the company nor its directors responded to the notice or provided any explanation, thereby confirming the default.
The adjudicating authority directed the company and its directors to pay the penalty within 90 days via e-payment on the MCA website under “Pay Miscellaneous Fees”. The order allows an appeal to the Regional Director (Northern Region), Ministry of Corporate Affairs, within 60 days using Form ADJ, accompanied by a certified copy of the order.
Subscribe Taxscan Premium to view the JudgmentSupport our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates
