ROC Penalises Company for Not Maintaining a Registered Office Within 30 days of Incorporation:

ROC Penalises Company for Not Maintaining a Registered Office Within 30 days of Incorporation The Registrar of Companies (ROC) Patna under the Ministry of Corporate Affairs (MCA) has issued an order no. PO/ADJ/05-2026/PT/02252, dated May 21, 2026, under Section 454 of the Companies Act 2013, announcing the imposition of a penalty amounting to Rs 2 lakh on the company, SHG Mutual Benefits Nidhi Limited and its director named Satish Kumar, for violating Section 12(8) of the Act. According to the provisions of Section 12 of the Companies Act, 2013, a company should possess a registered office capable of receiving and accepting all intimations and notices sent addressing it, and the said requirement is mandatory to be fulfilled within thirty days of its incorporation and at all times after that.

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If the aforementioned requirement is not fulfilled, then the default company and directors become liable for penal action under Section 12(8) of the Companies Act, 2013. As per the said section, in such cases, a penalty of Rs 1,000 is imposed on the company and directors in default for every day during which the default continues. However, this amount cannot exceed Rs 1 lakh. In the present case, an inspection was conducted, where, on July 17, 2025, the concerned Inquiry Officer (IO) had done a physical verification of the disputed company, where it was discovered that the company did not have any registered office at the address registered by it under Section 12 of the Companies Act 2013. This was an explicit contravention of the provisions of Section 12 of the Companies Act, 2013.

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Accordingly, the aforesaid penalty was imposed on the disputed company and its director. They have been directed to pay the imposed penalty amount within 90 days of receiving the order and also rectify the default within the same time limit.