23/09/2017
IMPORTANCE OF ANNUAL FILING WITH ROC FOR A PRIVATE LIMITED COMPANY
Compliance way or Confine Way!
Really appreciate the actions taken by Ministry of Corporate affairs for the companies who have not done their Annual filing from last three or more years. Two major issues which came to our notice are list of Directors associated with Struck of companies and List of Disqualified Directors.
As you are aware, post the introduction of the Companies Act, 2013, the liabilities on the professionals have increased manifolds, especially with reference to audits and certification.
What earlier had a wide scope has now been put under the ambit of specific professionals.
Lets, discuss few of the points in a brief What to do during the Period of Directors Disqualification. It is advisable not to act as a Director during the period of Disqualification or not file any
documents or application with the authority as the same shall get rejected.
Wordings of Section 164(2) clear states that Director who is disqualified as per section 164(2) of Companies act,2013shall not be eligible to be reappointed as a Director of that Company or in other Company for a period of five years from the date on which the said company fail to do so.
What happens to the Immovable property held in Company name after Strike off If ROC intend to close the Company Suo Moto, the company shall not be liable after Strike off. But if there are any pending Vendors, Customers, Payments the Company shall be liable.
It is advisable for the public not to deal with the companies which are strike off.
Penalty
As per the latest Companies (Amendment) Bill ,2017 if there is delay in filing Annual Return of the Company, penalty of Rs.100 per day till the default continues will be levied, same is the case
in Limited Liability Partnership.
So, to Safeguard the Clients from Huge penalties, disqualification remark and to avoid last minutes rush requesting your good office to complete the Annual filing in due time.
Regards
KBA TEAM