Above 500 companies fail to submit Annual Returns in May: DICA
June 14
In May 2023, a total of 550
companies did not submit their annual returns (AR) on the online registry
system, MyCO, as reported by the Directorate of Investment and Company
Administration (DICA). DICA has issued a notification stating that any
registered company failing to file its AR on MyCO will be struck off the
register from the directive’s date, in accordance with Section 430 (F) of the
Myanmar Companies Law. In January, 500 companies, followed by 400 in both
February and March, and 200 in April, did not file their AR on MyCO. Thus, a
total of 2,050 companies have failed to file their AR in the first five months
of this year. Furthermore, the DICA has stated that 5,000 companies failed to
submit AR in 2022. Registration and re-registration of companies on the MyCO
website began on August 1, 2018, in compliance with the Myanmar Companies Law
2017. All registered companies are required to submit 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 incorporation), as stated in
Section 97 of the law. As per Section 266 (A) of the Myanmar Companies Law
2017, public companies must submit annual returns and financial statements
(G-5) simultaneously. Overseas corporations must submit ARs in the prescribed
format on MyCO within 28 days of the financial year-end, as per Section 53
(A-1) of the Myanmar Companies Law 2017. According to DICA’s report, numerous
companies have been suspended for failing to submit AR forms before the due
date. Newly established companies must submit ARs within two months of
incorporation to avoid a fine of K100,000 for late filing. DICA has also
notified that any company failing to submit its AR within 13 months will
receive a suspension notice (I-9A). Failure to submit the AR within 28 days of
receiving the notice will result in the company’s status being shown as
suspended in the system. Companies can restore their status only after paying a
fine of K50,000 for the AR fee, K100,000 for restoration of the company on the
Register, and K100,000 for late filing of documents, totaling 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/EM
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