MCA imposes Penalty on Vinjoh Healthcare Private Limited and Directors for Non-Maintenance of Registered Office

MCA - Non-Maintenance of Registered Office - Directors for Non-Maintenance - taxscan

The Registrar of Companies, Gujarat has imposed a penalty on Vinjoh Healthcare Private Limited and its directors for non-maintenance of registered office.

Vinjoh Healthcare Private Limited, registered in the State of Gujarat since 21.03.2003, had been served a show cause notice by the Regional Director (NWR) on 31.05.2023. The official communication sent to the company’s registered office was returned, prompting further investigation by the authorities. Subsequently, a report was submitted to the Directorate, and the company was directed to confirm the status of adjudication proceedings.

It has been observed that the company failed to maintain its registered office, a violation of Section 12(1) of the Companies Act, 2013. The Registrar of Companies, acting as the Adjudicating Officer, has imposed a penalty on the company and its officers in default, in accordance with Section 12(8) of the Companies Act, 2013.

While determining the quantum of penalty, the Adjudicating Officer took into account various factors, including the company’s paid-up capital and turnover. As the company falls under the category of a “small company,” lesser penalties, as per the provisions of Section 446B of the Companies Act, 2013, have been applied.

The Adjudicating Officer emphasized the company’s obligation to rectify the default promptly. Failure to do so may result in further proceedings under Section 454A of the Companies Act, 2013. The notice is directed to pay the penalty of Rs. 3,00,000 individually for the company and its officers within 60 days from the date of receiving the order. The payment should be made through e-payment on the Ministry’s website, and the details must be filed in INC-28 under the MCA portal.

This penalty serves as a reminder to companies regarding the importance of maintaining a registered office as mandated by the Companies Act, 2013. It underscores the regulatory authority’s commitment to enforcing compliance and accountability within the corporate sector.

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