04 February 2010
Dear Professional Friends, I need your valuable advice on the given case. Case details:I have filed for a new company incorporation. The same has been sent for re-submission. Due to non availability of the subscriber in town,the same could not be re-submitted on or before the due date as Per Regulation 17., and immediately we received a mail saying that the “document could not be taken on record and treated as invalid” and we need to start the procedure afresh with the required fee and additional fee.
I have already paid the stamp duty, MOA registration fee etc. which amounts to more than 25000/-.
I contact ROC also, I was told that the same is not refendable or adjustable, and I have to pay the fee again.
Please give your valuable advice/suggestion with your experience or similar case if you have ever came across.
17 February 2010
While filing for registration of the company, a power of attorney is entered into by all the subscribers in favour of one of the promoters or any chartered accountant/company secretary/lawyer engaged in company formation. So, the one in whose favour the POA is given can carry out the changes as required and file the resubmission. If at all the POA is not made, then please make the POA is any case, even if it involves getting it done by postal communication with the subscriber out of town. There is no other option.
But I am sorry to say that my question has not been answered. what you have adviced is done by us on a daily basis for incorporating a new company.
My question is that the resubmission is not done on time and the documents has been treated as invalid and the entire amount we paid as filing fee, stamp duty, MOA fee of Rs. 27,200/- has been forfeited.
How to get that money back ? Is MCA has a right to forfeight the money ? when MOA is not registered, How the MOA fee can be forfeited ?
CAclubindia
