MCA Strikes Off Company for Not Maintaining Registered Office as Mandated Under Section 12 [Read Order]

The Ministry of Corporate Affairs (MCA) has struck off a company from the Register of Companies for failure to maintain a registered office, in violation of Section 12 of the Companies Act, 2013.

The Registrar of Companies (RoC), Pune, passed the order under Section 248(1)(d) of the Act, which empowers it to remove the name of a company if it is found not to be carrying on any business or operations, and if the registered office is either not functioning or not traceable.

As per the inspection conducted under Section 12(9) of the Companies Act, at Vasuki Infrastructure Private Limited, it was revealed that the company was not operating from its registered office address. This is a clear contravention of the requirements under Section 12, which mandates every company to maintain a registered office capable of receiving official communications and notices.

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The RoC issued notices to the company and its directors under Form STK-1, calling for objections to the proposed strike-off. However, no response or documentary evidence was submitted to refute the findings or confirm that the registered office was operational. After satisfying the due process and with no objections received, the RoC proceeded to strike the company off the register.

Section 12 of the Companies Act, 2013, mandates that all companies must maintain a registered office from the 15th day of incorporation, and it must be capable of receiving communication and notices. If, upon physical verification, the company is found to be non-operational at its registered address, the RoC is empowered under Section 248 to initiate action for strike-off.

In this case, the Registrar relied on the inspection findings that conclusively showed the company’s registered office was not functioning at the declared location. The absence of business operations further justified the action under Section 248(1)(d).

Though the company has now been struck off, the MCA order makes it clear that the liabilities of directors, managers, and other officers will continue, and may be enforced as if the company had not been dissolved. This means that even after strike-off, legal consequences may follow if any pending obligations remain unfulfilled.

It was also asserted that the company retains the right to appeal against this order before the National Company Law Tribunal (NCLT) under Section 252 of the Companies Act within three years, provided it can demonstrate that it was in fact operational or that the removal was not justified.

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