In the recent order of adjudication passed by the Ministry of Corporate Affairs ( MCA ) Registrar of Companies, a penalty was imposed on a private limited company and its directors due to non-compliance with beneficial ownership disclosure under the Companies Act, 2013, and due to a delay of 527 days in filing e-Form BEN-2.
The private limited company was incorporated under the provisions of the Companies Act, 2013.
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During inquiry, it was noted that the company did not file e- form BEN-2 on time. The company submitted it this delay was due to a lack of coordination between directors, the Covid-19 situation, and a change in director this error was not made intentionally but due to seeking professional advice at that point in time.
After a delay of more than 500 days, the company filed the E-form for BEN-2.
The adjudicating authority after going through the facts of the case, noted that there was a major delay in filing the E-form for BEN-2 and thus imposed a penalty under Section 90(4) of the Companies Act. Also, no one appeared on behalf of the company and its directors on the date of hearing.
A penalty totaling Rs. 6.6 lakhs was imposed on the company and its 3 directors. The details of the penalty imposed were clearly given in the table in the order.
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The order also stated that the notice must pay the penalty individually via e-payment on the MCA website under “Pay Miscellaneous Fees” within 90 days, and an appeal can be filed with the Regional Director (Northern Region), Ministry of Corporate Affairs, within 60 days using Form ADJ, along with a certified copy of this order.
This order was issued by Seema Rath, Registrar of Companies & Adjudicating Officer, Uttar Pradesh, Kanpur.
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