Roc filing: default/late filing

Srinivas (Manager) (30 Points)

25 November 2011  

Please clarify the best course of action in the following context:

We, a pvt ltd., company with share capital of Rs.2lacs, has paid the service fee to our auditorto file the ROC. They have inturn have used the services of an authorised service agent to file the ROC. We have also received the receipt towards service fee. But  only recently did we notice that ROC has not been filed, during a simple google search.

In essence, it may be tantamount to default for that specific year. In such case:

1. Can the company file the ROC once again?

2. Would there be any penalty or interest or late fee on the company( it is a pvt ltd company)? If so, what it is?
3. Is it not the responsibility of CA / service agency, who is supposed to have actually filed but could not to own up that late fee?
4. Are there any further implications to the company that is trying to refile the ROC after a year due to the default?

5.  If you have filed ROC, as an authorized entity, can you also please clarify, the role of bank in the ROC filing. ie if the authorized service agent has paid the money for ROC filing to the bank,  if there is any delay at the banks end, would it affect the ROC filing?
5. Would such defaulters list or non-acceptance/rejection/filing status on ROC filing be available with the authorized service agent? In how many days would they be aware if a ROC is actually been filed or not and if so the reasons there of?
Look forward.