ROC Levies Rs. 40,000 Penalty on Company and Its Directors for Non-Maintenance of Registered Office:

ROC Levies Rs. 40,000 Penalty on Company and Its Directors for Non-Maintenance of Registered Office The Registrar of Companies (ROC) Patna under the Ministry of Finance (MCA), Government of India, has issued an Adjudication Order dated December 17, 2025, imposing a penalty on a company, namely Tilak Proficient Nidhi Limited, and its three directors named Suresh Kumar Bhakta, Prasun Kumar Pankaj and Santosh Kumar, under Section 454 of the Companies Act, 2013 for Violation of Section 12(8) of the Act.

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The ROC Patna had issued a penalty order dated May 30, 2015, against the company and its directors for contravention of Section 118 of the Companies Act, 2013. However, the same order was returned undelivered to the office without reaching the company on June 02, 2025. It concluded that the company is not maintaining its registered office as required under Section 12 of the Companies Act, 2013. Accordingly, the company and its directors have violated the provisions of Section 12 and are liable to a penalty under Section 12(8) of the Companies Act, 2013. In conclusion, the ROC again issued a penalty order dated May 30, 2025, to the company and its directors for violation of Section 118 of the Companies Act, 2013. This order too was returned undelivered to the office on June 12, 2025. This further confirmed that indeed the company was not maintaining any registered office as required under the Act. Hence, the company and its directors are liable for a penalty under Section 12(8) of the Companies Act, 2013.

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A notice for e-adjudication for default under Section 12(8) was issued on September 16, 2025. However, no reply was received from the company. Accordingly, a hearing was held on December 10, 2025. In conclusion, at the hearing, the office imposed a penalty of Rs. 40,000 on Tilak Proficient Nidhi Limited, the company, and its three directors, Suresh Kumar Bhakta, Prasun Kumar Pankaj, and Santosh Kumar, each with a penalty of Rs. 10,000. The company and its directors have been directed to pay the complete penalty amount and rectify the default within 90 days of receipt of the order.