Late Filing of Form MGT 14

[Pooja]

Dear All,

In a listed Company, a Company Secretary and a CEO were appointed in the last week of February, 2019. Form DIR-12 for their appointment was duly filed with MCA. However, inadvertently, the Company failed to file Form MGT 14 for their appointment.

As per latest provisions after implementation of Companies Ordinance, 2018 i.e. 2nd November, 2018, ROC has powers of Adjudication for filing of Form MGT 14 beyond the period of 30 days.

“In case of non compliance like filing of e-form after 30 days ROC can impose penalty on Company and Officer in Default. ROC after filing of form directly can send notice to Company for payment of penalty without any application, petition in front of any authority.”

The company is at present a SICK Company and can't afford to pay the penalty that may be imposed by ROC. Please guide what is the way out for the Company.

Regards

Pooja

[Pooja]

Waiting for the reply of learned members. Please Reply.

[Pcs_sandip Lathiya]

Go to Condonation of Delay.

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“IF YOU THINK COMPLIANCE IS EXPENSIVE, TRY NON-COMPLIANCE”

Best Regards.....!!!

Cs Sandip Lathiya

Practising Company Secretary

Contact:-

Email Id:- pcssa...@gmail.com

Whatsapp Contact No:- +91 96246 40038

Hike Contact No:- +91 96246 40038

[Pooja Chuni]

Please tell me the section/amendment where it is mentioned that we need to apply for condonation of delay.

Regards

Pooja

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Thanks and Regards.

CS Pooja Chuni

[Pcs_sandip Lathiya]

Kindly Refer, Ordinnance 2018 issued as on 02/11/2019.

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