Section 12 of The Companies Act,2013- Registered Office of the Company

Section 12 of The Companies Act,2013- Registered Office of the Company

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Apr 01

2019

Posted by: CS Shilpi Thapar

Please note that Ministry of Corporate Affairs (MCA) had notified the Second set of 183 Sections that shall come into force with effect from 1st April, 2014 (Notification dated the 26th March, 2014) along with 98 sections which was notified on 12.09.2013 and become applicable from 12.09.2013. Provisions of one of the most important Section 12 of Companies Act 2013 dealing with the Registered Office of the Company (erstwhile Section 146 , 147 & 17A of the Companies Act 1956) is applicable from today i.e 1st April,2014 and requires immediate steps by all companies for its compliance.

As per Section 146 of the erstwhile Companies Act, 1956, Companies were only required to print their names and address of the registered office in all its business letters, billheads, letters, and papers and in all its notices and other official publications. The new Companies Act, 2013 makes it mandatory for all Companies to paint or affix its name and the address of its registered office in English and in Vernacular Language, outside every office or place of business and to print the following details in all its business letters, bill heads, letter papers and in all its notices and other official publications which shall ensure transparency in dealings by the company with stakeholders at large:

1.      Name

2.      Address of its registered office

3.      Corporate Identity Number

4.      Telephone number

5.      Fax number, if any

6.      Email Address

7.      Website addresses, if any

8.   Former names if any, so changed in the last two years (Where a company has changed its name or names during the last two years, it shall paint or affix or print, as the case may be, along with its name, the former name or names so changed during the last two years as required under this section, that is in all its letters, bill heads, letter papers and in all its notices and other official publications giving the particulars as mentioned above.

9.   A private company which is a One Person Company shall mention the words “ One Person Company”, in brackets, below its name.

The requirement of having a registered office is now necessitated on and from the 15th day of its incorporation, thus giving sufficient time to the companies to establish it registered office. The company will be required to file verification of its registered office with the Registrar of Companies within 30 days of its date of incorporation.

Notice of every change of the situation of the registered office, after the date of incorporation of the company, will have to be intimated to the Registrar within 15 days of the change instead of 30 days as prescribed u/s. 146 of the Companies Act, 1956.

If any default is made in complying with the requirements of the Section, the Company and every officer who is in default shall be liable to a penalty of Rs.1,000/- for every day during which the default continues (Penalty was Rs.500/- per day under erstwhile Companies Act,1956) but not exceeding Rs,1,00,000/-.

So Hurry up… reprint your companies name plates, business letters, billheads, letter papers and all official stationery in compliance with the provisions of section 12 of The Companies Act,2013 !!

Comments

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  • RACHIT INANI

    April 1, 2014 at 12:44 pm | Reply |

    Is it mandatory for all Companies to paint or affix its name and the address of its registered office in English outside every office or place of business ?

    The Act only speaks about Vernacular Language and not about English
    Will it be proper compliance if name & address is painted in vernacular language.

    • csshilpithapar

      April 1, 2014 at 3:08 pm | Reply |

      Hello Rachit,

      Yes, as per Section 12 of The Companies Act,1956, it is mandatory for all the companies to follow the provisions. As per section 12(3)(a) the words “if the characters employed therefor are not those of the language or of one of the languages in general use in that locality, also in the characters of that language or of one of those languages.” So for better transparency and protection of stakeholders, and from interpretation of words of the said provision, name plates is required to be painted in Principal language which is in general use in that district/ state i.e vernacular language and in English language too for outside stakeholders who are not able to understand the principal language.Thanks!

  • Sopory, Kapil

    April 1, 2014 at 4:19 pm | Reply |

    Dear Shilpi,

    Could you kindly mail me the format of Annual Return under Companies Act 2013?

    Thanks & regards

    CS Kapil Sopory | Company Secretary | Corporate SMEC India Pvt. Ltd. 5th Floor, Tower C, DLF Building No.8, DLF Cyber City, Phase II, Gurgaon 122002, Haryana, INDIA p +91 124 4501100 | f +91 124 4380043| ext. 291 | m 9810431384 Email: kapil.sopory@smec.com | http://www.smec.com

    • csshilpithapar

      April 1, 2014 at 4:53 pm | Reply |

      Hello Kapil,

      Its Form No. MGT.7 prescribed under Chapter VII i.e The Companies( Management and Administration) Rules,2014. You can download it from http://www.mca.gov.in. Thanks.

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