07/10/2022
Learning lessons from the recent ROC Penalty / Charges orders:
1. ROC Ahmedabad imposed a penalty of Rs 6 lakhs on a private limited company and its directors for “non mentioning the DIN” in the financial statements for the financial years 2018-19 to 2020-21, attracting non compliance with the provisions of Section 158 of the Companies Act 2013 (CA2013) https://lnkd.in/gaSbr2Uz
2. ROC Ahmedabad imposed a penalty of Rs.40,000 on a private limited company and its directors for not sending financial statements to its members violating Section 136(1) of the CA2013
https://lnkd.in/gG4m2cDQ
3. ROC Delhi imposed a penalty of Rs. 18.23 lakhs on a private limited company and its directors for non-appointment of company secretary (in a company having a paid up capital of more than 10 crores) violating provisions of Section 203 of the CA2013, where in case of any office of KMP is vacated, such vacancy shall be filled within 6 months.
https://lnkd.in/gKyd3Bfn
4. ROC Bangalore levied a penalty on a company and its directors, where the company had filed certain documents with the ROC and missed to mention the CIN on letterhead attracting a violation of Section 12(3)(c) of the CA 2013
https://lnkd.in/guQJDYYs
5. ROC Ahmedabad imposed a penalty of Rs. 1.65 lakhs where the company had failed to file its financial statements along with the documents for the financial year 2019-2020 [causing a delay of 553 days from the due date 01.02.2021 to 08.05.2022 (till the order date)]and thereby violating the provisions of Section 137 of the CA2013
https://lnkd.in/gZWhGsK7
6. ROC Ahmedabad imposed a penalty of Rs. 1.58 lakhs on a listed company for non-maintenance of registered office. ROC had issued two letters to the company regarding certain discrepancy in MGT-7 but the letters got returned back to the ROC office with the postal remarks ‘not known’. The Company was not maintaining its registered office in compliance of the Section 12 of the CA2013 and was not capable of receiving communications and notices. The company changed its registered office effective 01.01.2022, however filed INC-22 on 15.03.2022 (due date of INC-22- 30.01.2022) causing a delay of 42 days.
