Lahore: The Securities and Exchange Commission of Pakistan (SECP) has imposed a penalty on M/S Abdul Sattar Fuel (Private) Limited for failing to file its audited financial statements for the year ended 2023 within the stipulated timeline, as mandated by Section 233 of the Companies Act, 2017. The order, addressing the company's directors and chief executive, was issued following proceedings initiated through a Show Cause Notice dated February 20, 2024.
According to the SECP, the proceedings against Abdul Sattar Fuel were based on the company's non-compliance with the provisions of Section 233 of the Companies Act, 2017. The company was required to submit its audited financial statements to the Registrar within a specific timeframe, a deadline that was missed, resulting in a violation of the Act. Consequently, the company was liable to a penalty of level-I on the standard scale as outlined in Section 233(4) of the Act.
Despite being given multiple opportunities to present their case, Abdul Sattar Fuel and its directors failed to appear at the scheduled hearings. However, an authorized representative, Mr. Muhammad Saad Tahir, appeared on behalf of the company on March 07, 2024. Mr. Tahir argued that the failure to file the financial statements was due to an oversight during the restructuring of the company's finance and accounts department. He requested either the condonation of the lapse or the imposition of a minimal penalty.
According to information available from the Pakistan Stock Exchange (PSX), the SECP found the arguments presented by the company's representative to be unsubstantiated and not compelling. As a result, the adjudication officer deemed the non-compliance to be deliberate, highlighting serious systemic weaknesses in the company's management systems and internal controls.
The SECP, exercising its powers under the Companies Act, 2017, imposed a penalty of Rs. 15,000 on Abdul Sattar Fuel. The penalty must be deposited within thirty days into the designated bank account maintained with MCB Bank Limited or UBL Bank Limited on behalf of the Securities and Exchange Commission of Pakistan. Failure to comply with the payment deadline will lead to recovery proceedings against the company and its directors.
The order serves as a stern reminder to all companies of the importance of adhering to the timelines for financial disclosures as prescribed by law. The SECP emphasized that directors are responsible for ensuring that proper mechanisms are in place to achieve timely financial and operational reporting, thus guaranteeing transparency and compliance with regulatory requirements.