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30,000 cos default on annual filing
August, 04th 2007
Come under Ministry scanner


Act requisite

Cos must file balance sheet, profit & loss accounts within 30 days of holding the AGM.

The annual return is required to be filed within 60 days of the AGM.


Almost 30,000 companies have come under the scanner of Ministry of Corporate Affairs (MCA) for default in filing of annual returns/balance-sheet, and profit and loss account for March 2006.

The companies, which have been served notice for non-compliance, belong to the top-notch category that include listed entities, public sector undertakings, private companies, having an authorised capital of Rs 1 crore and above.

The total number of companies belonging to this category is 1.20 lakh, of which 75 per cent (90,000) have complied with this statutory requirement, a senior official said. He, however, declined to disclose the names of the companies that have defaulted and have been served notices by the Ministry.

Provisions

Under the existing provisions of the Companies Act, the companies are required to file the balance-sheet, and profit and loss accounts within 30 days of holding the annual general meeting (AGM). The annual return is required to be filed within 60 days of the AGM.

If a company fails to comply with the provisions of the Act, which prescribes for filing of annual returns, then the company and every officer of the company who is in default is punishable with fine.

Perusal of the database maintained with the field offices of the Ministry, it was found that these statutory documents as of March 2006, have not been filed by almost 25 per cent companies. Non-filing of these documents amount to non-compliance of the provisions of the Act attracting penal provisions, he explained.

Legal action

As part of the strategy aimed at enabling compliance with the statutory requirements by companies, the Ministry has asked the companies to file the same so that such entities could avoid prosecutions.

However, if they continue to default, it would leave the Ministry with no option but to initiate legal action against such entities, he added.

While the notice for default has been sent in physical form, the Ministry has also sent notice via e-mail as per its e-governance facility, MCA-21, to those companies which have not complied with filing of Form DIN-3.

Under the MCA-21, the directors on the board of the companies are allotted a regular Director Identification Number (DIN), which would remain their identity number. After getting a regular DIN, the directors are required to communicate the same to the corporate on which they are directors through DIN Form-2.

Subsequently, the company is required to file Form DIN-3 with registrars.

While 1.9 lakh directors have been allocated DIN, one lakh companies have not submitted DIN-3.

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