MCA imposes Rs. 1.42L Penalty on Company and Directors for Non-Compliance with Registered Office Requirement [Read Order]
After a thorough review of the case and considering the presented facts, the MCA has levied penalties
MCA – Ministry of Corporate Affairs – MCA penalty – Section 12 Companies Act – taxscan
MCA – Ministry of Corporate Affairs – MCA penalty – Section 12 Companies Act – taxscan
A Company and its directors were imposed with Rs. 1.42 lakhs penalty for non-compliance with the registered office requirement under Section 12 of the Companies Act, 2013. The Ministry of Corporate Affairs ( MCA ) has imposed the penalty.
The office of the Registrar of Companies, Bihar, and the Official Liquidator, High Court Patna, issued a notice under section 206(1) of the Companies Act, dated February 28, 2024, to the company, Saraogi Oxygen Limited and its directors. However, the letter addressed to the company was returned undelivered with the postal remark "incomplete Address," indicating a failure to maintain the registered office as required by section 12(1) of the Companies Act,.
Subsequently, this office issued a show-cause notice for the violation of section 12 of the Companies Act, 2013, via letter dated April 1, 2024, to the company and its directors. As of yet, no response has been received. Remarkably, the letter/SCN addressed to the company was returned undelivered with the postal remark "Locked." These postal remarks indicate that the registered office notified with the Registrar is unable to receive and acknowledge communications and notices.
In light of these observations from the postal authority, it is evident that the company has contravened the provisions of Section 12 of the Companies Act, 2013. Consequently, the company and its officers/managing director are liable for penalties under section 12(8) of the Companies Act, 2013.
After a thorough review of the case and considering the presented facts, the MCA has levied penalties. The company is fined Rs. 35,500, while each of the three directors/officers in default faces the same penalty individually. This action is taken under section 12(8) of the Companies Act, 2013, in response to the company's failure to comply with sections 12(1) and 12 (4).
To Read the full text of the Order CLICK HERE
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