Failure To Maintain Registered Office: Registrar Of Companies Imposes Penalty Of Rs. 2 Lakhs On TDMax Manufacturing & Services & Its Directors

The RoC, Uttar Pradesh has imposed a penalty on Rs. 2 Lakhs for failure to maintain a registered office for receiving communications and notices. Section 12(1) of the Companies Act, 2013 mandates that every company, from the date of its incorporation and at all times thereafter, must have a registered office capable of receiving and acknowledging all communications and notices as prescribed by law. Brief Facts: TDMax Manufacturing & Services Private Limited was registered on October 8, 2018, with the Registrar of Companies in Kanpur. Ministry of Corporate Affairs' letter initiated a series of inquiries and notices to the company and its directors stating non-compliance with Section 12(1) and 12(4) of the Companies Act. The authorities alleged that the company failed to maintain a registered office capable of receiving communications as required by law. Despite notifications and a Show Cause Notice issued, regarding the non-maintenance of the registered office, the company and its officers reportedly did not respond. Observations by RoC: The RoC noted that in accordance to Section 12(1) of the Companies Act, 2013, every company is mandated to maintain a registered office capable of receiving communications. Further, it noted that Section 12(4) states that any change in the office's location must be notified to the Registrar within thirty days. The RoC noted that the Show Cause Notice was issued to the company and its directors for not maintaining the registered office as required by Section 12(1) pursuant to the Companies (Adjudication of Penalties) Rules, 2014. Despite attempts, including an undelivered notice, neither the company nor its officers responded or attended any hearing. Taking into consideration all aspects and circumstances, including the company's classification as a Small Company under Section 2(85) of the Companies Act, the RoC imposed Rs. 50,000 on the company, Rs. 50,000 each on the directors Jivrani Ramesh Parth, Thakkar Natvarlal Ravi Kumar and Huihui Pan. In The Matter Of “Tdmax Manufacturing & Services Private Limited”Click Here To Read/Download Order

Failure To Maintain Registered Office: Registrar Of Companies Imposes Penalty Of Rs. 2 Lakhs On TDMax Manufacturing & Services & Its Directors

Rajesh Kumar

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