ROC levies penalty of Rs.196,000 for Non-Maintenance of Registered Office:

ROC levies penalty of Rs.196,000 for Non-Maintenance of Registered Office The Registrar of Companies in the matter of M/S. YAGYESHAANI MICROPE ASSOCIATION has imposed penalty of Rs.196,000 for Non-Maintenance of Registered Office. The Company M/s. Yagyeshaani Micrope Association, CIN: U85300BR2022NPL060297 (herein after known as Company) is a company incorporated on 12.10.2022 under the provisions of Companies Act, 2013 in the state of Bihar and having its registered office situated at Smt. Guddi Bhat, W/o Alok Kumar Chandwa, Office of SP Bhojpur, Bihar 802301, India as per MCA website.

Facts About Case:

Whereas, office of the Registrar of Companies, Bihar-cum-Official Liquidator, High Court, Patna, has issued letter no. ROC/Pat/Misc./2965-2968 dated 30.03.2023 to the company and its directors; however the said letter addressed to the company returned undelivered with postal remarks as "Addressee cannot be located". Therefore, it appears that the company is 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/60297/334-337 dated 19.05.2023 to the company and its director, again the letter address to the company return undelivered and 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. Sections 12(1), 12(4) and 12(8) are reproduced as under:- Section 12(1) - "A company shall, on and from the thirtieth day of its incorporation and at all times thereafter, have a registered office capable of receiving and acknowledging all communications and notices as may be prescribed". Section 12(4) - "Notice of every change of the situation of the registered office, 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". Section 12(8) - 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 not exceeding one lakh rupees". Further 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 other 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 lakh 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". As per clause 85 of section 2 of the Companies Act, 2013, small company means a company whose paid up capital and turnover shall not exceed rupees four crore and rupees forty crore respectively. As per MCA portal, paid up capital of the company- Yagyeshaani Micrope Association is Rs. 1,00,000 and as regard to turnover, the company is incorporated on 12.10.2022, and its A0C-4 for the financial year 31.03.2023 will be due on 30.10.2023. Therefore, the benefits of small company is extended to this company while adjudicating penalty.

Order

Having considered the facts and circumstances of the case, and after taking into account the factors above, below mentioned penalty is imposed on the Company and directors/officers in default under section 12(8) r/w section 446B 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 (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. Appeal against this order may be filled in writing with the Regional Director (ER), Ministry of Corporate Affairs, Kolkata, within a period of 60 (sixty) days from the date of receipt of this order, in Form ADJ (available on Ministry website www.mca.gov.in) setting forth the grounds of appeal and shall be accompanied by a certified copy of this order (Section 454(5) & 454(6) of the Act, read with Companies (Adjudication of Penalties) Rules, 2014). For Official Order Download PDF Given Below: