Company Faces ROC Penalty for Non-Maintenance of Registered Office

The Registrar of Companies (ROC), Ahmedabad, has recently issued a penalty order against Suzuki Motor Gujarat Pvt Ltd. and its directors for violating Section 12 of the Companies Act, 2013.

The case started after the official liquidator (Gujarat High Court) issued a letter to the Suzuki Motor’s office regarding the composition scheme of amalgamation of Suzuki Motor Gujarat Private Limited with Maruti Suzuki India Limited. In that letter, the OL asked the company to furnish some information and documents. However, it was alleged that the said letter of the OL was returned from the Postal Authority.

This indicated that the company did not have a registered office that was capable of receiving communications. This led to the violation of Section 12 of the Companies Act 2013, which compulsorily requires every company to set up a registered office capable of receiving communications within 30 days of incorporation.

The ROC held that the company and its directors have violated section 12(1) as a one-time offence punishable under section 12(8) of the Companies Act, 2013. Accordingly, the ROC imposed a penalty of Rs 1,000 on the company and Rs 1,000 each on its seven directors.

The directors must pay their penalty from their personal fund. The ROC further directed the company to correct the default and pay the penalty amount within 90 days through the MCA portal.