show cause notice u/s 383A

[Shraddha Singhi]

Dear members,

Kindly help me deal with a show cause notice recd. from ROC regarding not appointing CS in requisite time of 1 year from raise of capital.
The company has neither given any adv. nor its financial position was weak.
It was not aware of the fact that they need to appoint a cs.
when show cause notice was received they did not reply the same. but tried to appoint a cs through personal contacts.
Now the letter says to go for compounding if no reply is given to show cause notice.
is there any other way out to the situation.
if yes, or if not, what shall be the procedure.

regards,
S. Singhi

[Madhur Bain]

First of all...Appoint a Qualified Company Secretary which the company should have done at the first instance. Thereafter, the appointed Company Secretary will deal with the situation himself/herself. INTERESTING.

On a serious side, go for compounding or make an application stating all the facts with the concerned ROC in reply to its show cause notice. Meet him personally, if required.

Thanks and Regards

CS Madhur Bain Singh

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[Shraddha Singhi]

Thank you for replies but i have met different people stating different solutions.

Some says compounding is necessary and some says there is no need for the same.

I am clad in the situation.

If anyone having insight over dealing with same situation then please help me to find best solution for this situation.

Can i state this in the reply to show cause notice that director's were not aware of the fact that they need to recruit a  cs compulosrly....

S. Singhi

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Best regards,

S. Singhi

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[Chetna gandhi]

Dear Shraddha,

You can try for the same giving such reply.

But do not delay the matter

Reply to ROC within time mentioned otherwise ROC could take serious action on it. Expedite it.