Small company, Directors penalized for not mentioning CIN, Registered office address on Letter Head: ROC, Gujarat.
Here is a short overview of the order by the ROC, Gujarat. The same is summarized hereunder:
- ROC, Gujarat penalizes a Small company & its Directors for violation of Sec. 12(3)(c) of the Companies Act, by failing to mention the CIN and registered office address on its letterhead.
- ROC noted that the company had mentioned the said details on some letter heads attached with some forms, while it was missing in others, and hence, there was an occasional failure to comply with Sec. 12(3)(c) provisions;
- Remarking that although it was so, there was violation of the provisions and hence, the company and officers in default were liable for a penalty under the Companies Act;
- Further, observes that, “…the paid-up capital of the company is Rs. 1,00,000.00 and Turnover is Rs. 95,68,053.
- Hence, the company does fall under the ambit of a “small company”. Therefore, the provisions of imposing lesser penalty as per the provisions of Section 446B of the Companies Act, 2013 apply to the company.”
- Accordingly, levies a total penalty to the tune of Rs. 6000 on the company and its Directors, payable within 90 days.
Most of the companies are still not complying with the requirements of Sec. 12(3)(c) of the Companies Act. The penalty proceeding in the present case is an eye opener for all such companies.
The copy of the present order is as under:ROC Gujarat (1)