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:
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 !!