Non-Maintenance of Registered Office by Private Limited Company: MCA imposes Rs. 4 lakh Penalty on Private Limited Company & Directors [Read Order]
During the inquiry, it was found that the company was not maintaining a registered office
Non-Maintenance of Registered office – Registered office – Private Limited Company – MCA – penalty – penalty on private limited company – Penalty on directors – taxscan
Non-Maintenance of Registered office – Registered office – Private Limited Company – MCA – penalty – penalty on private limited company – Penalty on directors – taxscan
In the recent order of adjudication passed by the Ministry of Corporate Affairs ( MCA ) Registrar of Companies, a penalty of Rs. 4 lakhs was imposed on a private limited company and its directors for non-maintenance of registered office.
This private company has been registered under the Companies Act, 2013, and the authorised capital of the company is Rs. 20 lakhs. During the inquiry, it was found that the company was not maintaining a registered office.
An inquiry under Section 206 of the Companies Act, 2013 was ordered against the company
and the inquiry officer had issued notice dated 27.11.2020 at the registered address of the Company. It was found that the letter has been received back undelivered with the postal remark " Left Address " which means that the company is not maintaining the registered office of the company hence violating provisions of Section 12 of the Companies Act, 2013.
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Section 12(1) of the Act provides 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.
(ii) Section 12(4) QI the Act reads as under:-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.
(iii) 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. “
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This order was issued by Seema Rath, Registrar of Companies & Adjudicating Officer
Uttar Pradesh, Kanpur.
The order also contained 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.
It was also stated that non-compliance may attract further action under Section 454(8) of the Companies Act, 2013.
To Read the full text of the Order CLICK HERE
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