NOTICE FOR DEFAULT UNDER SECTION 92 AND 96 READ WITH SECTION 403 OF THE COMPANIES ACT, 2013 – Format/ Sample Draft

GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS

 

OFFICE OF REGISTRAR OF COMPANIES,
ROC – BANGALORE
E Wing 2nd Floor Kendriya Sadana Kormangala Banglore-560034
NOTICE FOR DEFAULT UNDER SECTION 92 AND 96 READ WITH SECTION 403 OF THE COMPANIES ACT, 2013
Company Name XXXXXX CIN  YYYYYY
1. Whereas the above named company ought to have held its Annual General Meeting in respect of the Financial Year ending 31.03.2013 in terms of section 96 of the Companies Act, 2013 herein after referred to as the Act.
2. And whereas an Annual Return made up to 31.03.2013 in accordance with the section 92 of the Act should have been filed on or before 29.11.2013.
3. And whereas the Annual Return should have been filed with the Registrar in the manner as prescribed u/s 92(1) of the Act and within the time as specified u/s 92(4) read with Section 403 of the Act & further read with the Companies (Management and Administration ) Rules, 2014 as amended from time to time.
4. And whereas the said Annual Return has not been filed so far and the undersigned has reasonable cause to believe that the aforesaid provisions of the Act have not been complied with.
5. Now, therefore the addressees (being the company or its Directors/Officers in default as the case may be) are hereby called upon to Show Cause as to why action should not be taken by launching Prosecution under sections 92 and 99 for contravention of sections 92, 96, respectively read with section 403 of the Act.
Please take notice that if no cause is shown within 15 days from the date of issue of this notice, necessary Prosecution against the addressee shall be launched.
6. A copy of this notice is being served on the company and its officers in default as per provisions of section 20 of the Companies Act, 2013. Company is requested to bring this notice to the knowledge of its officers who were in default immediately upon its receipt. In terms of the provisions of section 20 of the Companies Act, 2013, service of this notice is made by electronic mode to the company on email id provided by them on MCA Portal.
7. Your attention is invited to the provisions of Section 441 of the Companies Act, 2013 for option of compounding of the said offence.
                                                                                                                    Registrar of Companies,
                                                                                                                              ROC – BANGALORE
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