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Order for penalty for violation of section 92 of the Companies Act,2013 with respect to Magadh Spun Pipe Limited Company is in default for filing its Annual Return for the financial year end 31.03.2019 and 31.03.2020 with the office of Registrar of Companies, Patna. Provisions of Section 92 of the Companies Act, 2013 has been […]
A company other than a company under rule 8 (i.e., private company) which has paid up share capital of five crore rupees of more shall have a whole-time Company Secretary. This threshold limit has been increased to Rs. 10 crores from 1.4.2020.
Every company shall hold the first meeting of the Board of Directors within thirty days of the date of incorporation and thereafter, hold a minimum number of four meetings of its Board of Directors every year in such a manner that not more than one hundred and twenty days shall intervene between two consecutive meetings of the Board.
It is observed that the subject company had given SBI card to all 53 minority shareholders based on their requests. Hence, it is affirmed that the subject company has violated the provisions of Sec. 118(10) of the Companies Act, 2013 read with SS-2 in Clause 14 of Secretarial Standard.
Report of the official of this office stated company has not maintained the registered office as per master data. Further, this office has issued Adjudication hearing notice under Section 12(8) of the Companies Act, 2013 read with Companies (Adjudication of Penalties) Rules, 2014 to the company and its directors vide this office letter dated 25.07.2022.
Registrar of Companies, Andhra Pradesh, had imposed a penalty of Rs. 35,00,000 on the company and its directors. However, considering the circumstances surrounding the failure to appoint a Company Secretary, the Regional Director has reduced the penalty to Rs. 1,69,820 for the company and Rs. 69,820 each for the Managing Director and CFO (total aggregating to Rs.3,09,460/-).
Company is into huge losses and not in a position to appoint Company Secretary and stated initially company is having Company Secretary upto 2019 and also put all its efforts to retain the Company Secretaries on long term basis as well as to fill the vacancy to the office of the Whole Time Company Secretary. However, the Company was unable to find a suitable candidate who are committed to work on long term basis.
Registrar of Companies in his order of adjudication has stated that the Company has appointed Mr. Sachin Bansal as the Managing Director and CEO of the Company (KMP) vide its Board Resolution dated 27.02.2020 for a period of five years from 06.03.2020. However, by inadvertence, the Board had omitted to Co opt him as Additional Director before appointing him as Managing Director.
The Company has not maintained its registered office pursuant to sub-section (1) and (4) of Section 12 of the Act w.e.f. 23.12.2021 (date of spot inspection conducted by this office) thereby attracting penal provisions under sub-section (8) of Section 12 of the Companies Act, 2013. The offence is of serious nature since non-maintenance of registered […]
The Company has not filed Annual Return(s) and Financial Statement(s) pursuant to sub-section (4) of Section 92 and sub-section (1) of Section 137 of the Act respectively for financial year ending 31.03.2021, thereby attracting penal provisions under sub-section (5) of Section 92 and subsection (3) of Section 137 of the Act respectively. The offence is […]
