Home Companies Act MCA Imposes heavy penalty on Directors who Failed to intimate their change address in form DIR-6

MCA Imposes heavy penalty on Directors who Failed to intimate their change address in form DIR-6

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MCA Imposes heavy penalty on Directors who Failed to intimate their change address in form DIR-6

MCA Imposes heavy penalty on Administrators who Did not intimate their change tackle in type DIR-6

The Ministry of Company Affairs (MCA) within the matter of M/s. Somen Enterprise Personal Restricted has imposed heavy penalties on Administrators who Did not intimate their change tackle in type DIR-6.

M/s. Somen Enterprise Personal Restricted CIN- U55209BR2018PTC040096 (hereinafter known as ‘Firm’) was integrated on 29.11.2018 underneath the provisions of Firms Act, 2013 and having its registered workplace at – 238, SHRI KRISHNA PURI, WEST BORING CANAL ROAD, PATNA, Patna, Bihar,800001, India as per information maintained on this workplace. Whereas a criticism has been obtained from Shri Kiriti Azad, who’s the proprietor of premises ‘238, Shri Krishna Puri, West Boring Canal Highway, Patna, Bihar- 800001’, the place the corporate is having its registered workplace w.e.f.01.08.2019; whereby the complainant has complained concerning the unlawful working of firm at his above talked about premises. Whereas adjudication of penalty for violation of sections 12, 92, 137 of Firms Act, 2013 was initiated by the underneath signed in opposition to the corporate and its officers and the orders handed within the matter vide dated 27.07.2023 have been served upon them via registered publish. And whereas because the copy of orders have been duly served/ delivered upon the corporate and Ms. Moon, Director; whereas the identical discover addressed to different administrators returned undelivered on 01.08.2023 from the tackle of the administrators particularly Kahkashan Zar and Mohammad Neyaz Ahmad.

And whereas it’s transpired that the administrators particularly Kahkashan Zar and Mohammad Neyaz Ahmad should not current at their declared tackle as per particulars crammed within the DIN utility type and that they’ve didn’t intimate their change of tackle with the MCA within the prescribed type DIR-6 as required underneath Rule 12 of the Firms (Appointments and {Qualifications} of Administrators) Guidelines, 2014.

“12. Intimation of Modifications in Particulars Laid out in DIN Utility

(1) Even; a person who has been allotted a Director Identification Quantity underneath these guidelines shall, within the occasion of any change in his particulars as acknowledged in Type DIR-3, intimate such change(s) to the Central Authorities inside a interval of thirty days of such change(s) in Type DIR-6 within the following method, particularly;-

(i) The applicant shall obtain Type DIR-6 from the portal, fill within the related modifications, confirm the Type and fix a duly scanned copy of the proof of the modified particulars and submit electronically;

(ii) the shape shall be digitally signed by a chartered accountant in apply or an organization secretary in apply or a price accountant in apply;

(iii) the applicant shall submit the Type DIR-6:

(2) The Central Authorities, upon being happy, after verification of such modified particulars from the enclosed proofs, shall incorporate the stated modifications and inform the applicant by means of a letter by publish or electronically or in another mode confirming the impact of such change within the digital database maintained by the Ministry.

(3) The DIN cell of the Ministn; shall additionally intimate the change(s) within the particulars of the director submitted to it in Type DJR-6 to the involved Registrar(s) underneath whose jurisdiction the registered workplace of the corporate(s) by which such particular person is a director is located.

(4) The involved particular person shall additionally intimate the change(s) in his particulars to the corporate or firms by which he’s a director inside fifteen days of such change.”

Part 450 states that: Punishment the place no particular penalty or punishment is offered. – If an organization or any officer of an organization or another particular person contravenes any of the provisions of this Act or the principles made thereunder, or any situation, limitation or restriction topic to which any approval, sanction, consent, affirmation, recognition, route or exemption in relation to any matter has been accorded, given or granted, and for which no penalty or punishment is offered elsewhere on this Act, the corporate and even; officer of the corporate who’s in default or such different particular person shall be punishable with, high quality which can lengthen to 10 thousand rupees, and the place the contravention is constant one, with an additional high quality which can lengthen to at least one thousand rupees for daily after the primary throughout which the contravention continues.

ORDER

Having thought-about the info and circumstances of the case, and after making an allowance for the components above, hereby a penalty of Rs.4,42,000 is imposed on the Firm and administrators/officers in default of the corporate underneath Rule 12 of the Firms (Appointments and {Qualifications} of Administrators) Guidelines, 2014 is offered u/s 450 of Firms Act 2013.

The noticee shall pay the quantity of penalty individually for the corporate and its administrators (out of personal pocket) by means of e-payment (accessible on the Ministry) underneath “Pay miscellaneous charges” class within the MCA charge and cost Providers inside 90 (ninety) days of this order. The Challan/SRN generated after cost of the penalty via on-line mode shall be forwarded to this workplace.

Attraction in opposition to this order could also be crammed in writing with the Regional Director (ER), Ministry of Company Affairs, Kolkata, inside a interval of 60 (sixty) days from the date of receipt of this order, in Type ADJ (accessible on Ministry) setting forth the grounds of attraction and shall be accompanied by an authorized copy of this order {Part 454(5) and 454(6) of the Act, learn with Firms (Adjudication of Penalties) Guidelines, 2014).

Your consideration can also be invited to part 454(8) of the Act within the occasion of non-compliance with this order.

For Official Order Obtain PDF Given Beneath:

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