TMI Blog2020 (12) TMI 471X X X X Extracts X X X X X X X X Extracts X X X X ..... to file e-form ACTIVE, INC-22A without insisting the appointment of a whole-time Company Secretary, on a provisional basis - Section 203(5) of the Companies Act provides that if any Company makes any default in complying with the provisions of Section 203 relating to appointment of Key Managerial Personnel, such Company shall be liable to a penalty of ₹ 5 lakhs and every Directors and Key Managerial Personnel of the Company, who is in default, shall be liable to a penalty of ₹ 50,000/- and where the default is a continuing one, with further penalty of ₹ 1,000/- for each day after the first during which such default continues but not exceeding ₹ 5 lakhs. It is evident that the petitioner-Companies have not adhered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Companies Act, 2013 amended the Companies (Incorporation) Rules, 2014 as per Notification dated WP(C).3092/2020 Con.cases 21.02.2019. As per the new added Rule 25A, every Company incorporated on or before 31.12.2017 shall file the particulars of the Company and its registered office in e-form ACTIVE (Active Company Tagging Identities and Verification) on or before 25.04.2019. It is the contention of the petitioners that the website of the Ministry of Corporate Affairs is not accepting e-form ACTIVE submitted by the petitioners for the reason that the paid up capital is more than ₹ 5 Crores and still the petitioners-Companies have not appointed whole-time Company Secretary. 3. It is the case of the petitioners that as per Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... retaries, as their paid up capital is more than ₹ 5 Crores. WP(C).3092/2020 Con.cases The petitioners cannot be granted any exemption from the Rules. 7. The Central Government Counsel further argued that non-appointment of Company Secretary by petitioners- Companies is an offence under Section 383A (1A) vide Companies (Amendment) Act, 1988 with effect from 01.12.1988. If a Company fails to comply with the requirement regarding the appointment of Company Secretary, the Company and every officer of the Company who is in default shall be punishable with fine which may extend to ₹ 500/- per every day during which the default continues. 8. Heard learned counsel for the petitioners and learned Central Government Counsel appear ..... X X X X Extracts X X X X X X X X Extracts X X X X
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