KC Pvt.. Ltd. has been incorporated recently under the Companies Act, 2013. The Directors of KC Pvt. Ltd. seeks your advice on the requirement in context of 'publication of name and address of the company'. Referring the
CS Executive · Setting up of Business Entities and Closure · PYQS · December 2023
KC Pvt.. Ltd. has been incorporated recently under the Companies Act, 2013. The Directors of KC Pvt. Ltd. seeks your advice on the requirement in context of 'publication of name and address of the company'. Referring the provisions of section 12(3) of the Companies Act, 2013, advise KC Pvt. Ltd.
Answer & Explanation:
According to Section 12(3) of the Companies Act, 2013, the company shall— paint or affix its name, and the address of its registered office, and keep the same painted or affixed, on the outside of every office or place in which its business is carried on, in a conspicuous position, in legible letters, and if the characters employed therefore are not those of the language or of one of the languages in general use in that locality, also in the characters of that language or of one of those languages; have its name engraved in legible characters on its seal, if any; get its name, address of its registered office and the Corporate Identity Number along with telephone number, fax number, if any, e-mail and website addresses, if any, printed in all its business letters, billheads, letter papers and in all its notices and other official publications; and have its name printed on negotiable instruments such as hundies, promissory notes, bills of exchange and such other document as may be prescribed. According to Rule 26 of the Companies (Incorporation) Rules, 2014, every company which has a website for conducting online business or otherwise, shall disclose/publish its name, address of its registered office, the Corporate Identity Number, Telephone number, fax number if any, email and the name of the person who may be contacted in case of any queries or grievances on the landing/home page of the said website. The Central Government may as and when required, notify the other documents on which the name of the company shall be printed. However, where a company has changed its name or names during the last two years, it shall paint or affix or print, as the case may be, along with its name, the former name or names so changed during the last two years. Further, in case of One Person Company, the words "One Person Company" shall be mentioned in brackets below the name of such company, wherever its name is printed, affixed or engraved. Ministry of Corporate Affairs (MCA) has clarified that display of its name in English in addition to the display in the local language will be a sufficient compliance with the requirements of the section. If any default is made in complying with the requirements of Section 12 of the Companies Act, 2013, the company and every officer who is in default shall be liable to a penalty of one thousand rupees for every day during which the default continues but not exceeding one lakh rupees. Accordingly, KC Pvt. Ltd. may be advised to comply with the above-mentioned provisions.
Topics: Company Incorporation and Operations
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