August 08, 2022
A total of 2,800 companies have been struck off the registration in the past seven months as they failed to submit annual returns (AR) through the online registry system, MyCO, according to the Directorate of Investment and Company Administration (DICA).
The DICA has notified any registered company which fails to submit its AR on MyCO are to be suspended, under Section 430 (f) of Myanmar Companies Law, based on the DICA’s notification.
This being so, 400 companies each in January, February and March, 300 in April, 500 in May and 400 each in June and July did not file annual returns on MyCO respectively, totalling 2,800 companies which failed to submit AR, according to the DICA.
The registration and re-registration of companies on the MyCO website commenced on 1 August 2018, in keeping with the Myanmar Companies Law 2017.
All registered companies need to file AR on the MyCO registry system within two months of incorporation, and at least once every year (not later than one month after the anniversary of the incorporation), in accord with Section 97 of the law.
According to the Section 266 (a) of the Myanmar Companies Law 2017, public companies must submit annual returns and financial statements (G-5) simultaneously.
All overseas corporations must submit ARs in the prescribed format on MyCO within 28 days of the financial year ending, as per Section 53 (a-1) of the law.
As per DICA’s report, thousands of companies were suspended for failing to submit AR forms within the due date. Newly established companies are required to submit ARs within two months of incorporation or face a fine of K100,000 for filing late returns.
The DICA has notified that any company which fails to submit its AR within 13 months will be notified of its suspension (I-9A). If it fails to submit the AR within 28 days of receiving the notice, the system will show the company’s status as suspended. Companies can restore their status only after shelling out a fine of K50,000 for AR fee, K100,000 for restoration of the company on the Register, and K100,000 for late filing of documents, totalling K250,000.
If a company fails to restore its status within six months of suspension, the registrar will strike its name off the register, according to the DICA notice.—NN/GNLM