The Registrar of Companies has imposed a penalty for Non-Filing of Form INC 22 for intimating change in Registered Office.
Reetu | Nov 4, 2023 |
ROC levies penalty for Non-Filing of Form INC 22 for intimating change in Registered Office
The Registrar of Companies in the matter of M/s. Madhan Foocls and Bakers Private Limited has imposed penalty for Non-Filing of Form INC 22 for intimating change in Registered Office.
Company M/s. Madhan Foocls and Bakers Private Limited, CIN: U154198R2012PTC018312 (herein after known as Company) is a company incorporated on 13.03.2012 under the provisions of Companies Act, 2013 in the state of Bihar and having its registered office_situated atc-40, N.S’ Part, Patliputra Industries Patliputra Phulwari, Patna 800013, Prabhunath Bhagat, Near SBI, Gopalpur, Siwan Bihar 841286 India as per MCA website’.
Whereas, office of the Registrar of Companies, Bihar-cum-official Liquidator, High Court, Patna, has issued letter no. ROC/ Pat/Complaint/18312/577-581 dated 11.07.2023 to the company and its directors; however the said letter addressed to the company returned undelivered in this office Therefore, it appears that the company was not maintaining registered office as required under section 12(1) of the Companies Act, 2013.
That, this office has issued show cause notice for violation of section 12 of the companies Act 2013, vide letter no. RoC/Pat/compl aint/18312/940-942 dated 20.09.2023 to the company and its directors. However, no reply has yet been received from them. Hence it appears that the provisions of section 12 of the Companies Act, 2013 has been contravened by the company and its director and therefore they are liable for penalty u/s 12(8) of the Companies Act, 2013′
As per MCA record, it is found that the Company has filed an e-form lNC.22 (Notice of situation or change of situation of registered office) vide SRN AA4584679 dated 05.09.2023 for change of registlred office of the company w.e.f 14.08.2023. However this office has issued letter dated 11.07.2023 to the old address of registered office which was return undelivered.
Having considereci the facts and circumstances of the case, and after taking into account the factors above, hereby impose a penalty of Rs. 51,0000 on the Company and directors/ officers (defaulting directors for the relevant period) of the Company under section 12(8) r/w section 4468 of the Companies Act 2013 for failure in compliance of section 12(1) r/w 12(4) of the Companies Act 2013.
The noticee shall pay the amount of penalty individually for the company and its directors (out of own pocket) by way of e-payment (availabie on Ministry website) under “Pay miscellaneous fee” category in MCA fee und payment services within 90 (ninety) days of this order. The Challan/SRN generated after payment of penalty through online mode shall be forwarded to this office
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