ROC levies penalty of Rs.100000 on a Company for non-maintenance of Registered Office

The Registrar of Companies (ROC) under Ministry of Corporate Affairs levies penalty of Rs.100000 on a Company for non-maintenance of Registered Office.

M/ s. Chakra Vision Mutual Benefit India Limited, CIN:U65992BR2013PLC019726 (herein after known as Company) is a company incorporated on 07.01.2013 under the provisions of Companies Act, 1956/2013 in the state of Bihar and having its registered office situated at 302-3rd Floor, Divyan Complex, Kankarbagh Main Road , Near Singh Bajaj Showroom Patna Bihar 800020, India as per MCA website.

Fact About Case:

Office of the Registrar of Companies, Bihar-cum-Official Liquidator, High Court, Patna, has issued letter no. ROC/Pat/Complaint/BR/19726/6334 dated 13.07.2017 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 is not maintaining registered office as required under section 12(1) of the Companies Act, 2013.

This office has issued show cause notice under section 12 of the Companies Act 2013, dated 11.12.2018 to the company and its director but 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.

Section 446B states that, “if penalty is payable for non-compliance of any of the provisions of this Act by a One Person Company, Small Company, Start-up company or Producer Company, or by any of its officer in default, or any other person in respect of such company, then such company, its officer in default or any or person, as the case may be, shall be liable to a penalty which shall not be more than one-half of the penalty, specified in such provisions subject to a maximum of two lakhs rupees, in case of a company and one lakh rupees in case of an officer who is in default or any other person, as the case may be”.

Hence, it is concluded that the Company and its managing director/ Officers in default are liable for penalty as per section 12(8) of the Companies Act, 2013 for non-maintenance of registered office of the company, viz., Chakra Vision Mutual Benefit India Limited.

Order:

Having considered the facts and circumstances of the case and after taking into account the factors above, I hereby impose a penalty of Rs.100000 (one lakh) on the company and Rs.100000 (one lakh) each on the 3 (three) directors of the company under section 12(8) of the Act for failure in compliance of section 12(1) and 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 (available on Ministry website www.mca.gov.in) under “Pay miscellaneous fees” category in MCA fee and 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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