COMPANY CANNOT CLAIM EXCUSE FOR NON FUNCTIONING OF MCA SITE FOR FILING FORM PAS-3 AND FORM SH-7

 COMPANY CANNOT CLAIM EXCUSE FOR NON FUNCTIONING OF MCA SITE FOR FILING FORM PAS-3 AND FORM SH-7

ROC –CHENNAI VS JAYAPRIYA GRAMA VALARCHI NIDHI LIMITED

FORM PAS-3 AND FORM SH-7

The ROC (Registrar of Companies), Chennai, ruled that Jayapriya Grama Valarchi Nidhi Limited cannot claim the non-functioning of the MCA portal as an excuse for failing to file Form PAS-3 and Form SH-7.

TECHNICAL GLITCHES

The company and its Managing Director were penalized heavily, reinforcing that statutory compliance deadlines must be met regardless of technical glitches. 

PENALTIES IMPOSED

FORM	VIOLATION	PENALTY ON COMPANY	PENALTY ON MANAGING DIRECTOR
PAS-3	Non-filing after increase in paid-up capital	₹1,00,000	₹1,00,000
SH-7	Non-filing after increase in authorized share capital	₹2,57,000	₹1,00,000

KEY LEGAL TAKEAWAYS

SECTION 454, COMPANIES ACT, 2013	Adjudicating authority can impose penalties for non-compliance.
SECTION 64(1), COMPANIES ACT, 2013	Requires filing SH-7 for changes in authorized share capital.
NO EXCUSE PRINCIPLE	Technical glitches or portal downtime do not absolve companies of responsibility.

 

ACTIONABLE GUIDANCE FOR COMPANIES

•     File Early: Avoid last-minute filings to reduce risk of portal downtime

·      Seek Professional Help: Engage company secretaries or compliance experts for timely filings.

APPEAL

Appeal against this order may be filed in writing with the Regional Director, RD Chennai within a period of sixty days from the date of receipt of this order, in Form ADJ setting for the grounds of appeal.

#YOUR COMPLIANCE PARTNER – R V - SECKAR , FCS, LLB 79047 19295