MCA imposes 3 lakhs Penalty on Private Limited Company & Directors for failure to Maintain Registered Office
A total penalty of Rs. 3 lakhs was imposed on the company and its 2 directors
MCA – MCA Penalty on Private Limited Company – TAXSCAN
MCA – MCA Penalty on Private Limited Company – TAXSCAN
In the adjudication order passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, a total penalty which comes up to Rs. 3 lakhs was imposed on a private limited company and its 2 directors for the failure of the company to maintain a registered office.
The company named PRATEEK REALTORS INDIA PRIVATE LIMITED has been registered under the provisions of the Companies Act 2013 and has a paid-up capital of Rs. 3.21 crores as of 31-03-24.
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Coming to the facts of the case, a complaint was filed on the PG Portal by Pankaj Prasad for non-maintenance of the registered office by the company, as a letter sent by the complainant to the company has returned undelivered with the remarks "LEFT".
As a result, a show cause notice (SCN) was sent to the companies address but was not delivered to the registered office of the company. The reply stated by the company was that due to COVID-19, the company had shifted to a hybrid mode, and hence, the post was returned.
The adjudicating authority reached a strong conclusion that the firm failed to maintain a registered office as required and thereby violated Section 12 of the Companies Act, 2013.
Read More: Non-Maintenance of Registered Office u/s 12: MCA imposes Rs. 4 lakhs penalty on Company and Directors
Now, Section 12 of the Companies Act, 2013 states that:
Section 12(1) of the Companies Act states 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.”
Section 12(4) of the Actreads, “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. “
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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.”
A total penalty of Rs. 3 lakhs was imposed on the company and its 2 directors.
The adjudicating order was passed by Seema Rath, adjudicating officer & Registrar of Companies, NCT of Delhi & Haryana.
To Read the full text of the Order CLICK HERE
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