DICA blacklists 2 companies for forged documents

The Directorate of Investment and Company Administration (DICA) put two companies on the blacklist for submitting fake documents in tendering, as per DICA’s statement released on 2 January.
The two companies; May Myat Myint Mo Construction Co Ltd and Pretty Peacock Co Ltd were found submitting forged fake bank guarantees to the department concerned after winning bidding, so they got blacklisted, and the Kayah State government issued a directive on 4 December 2022.
The registrar will publicly declare the blacklist and weak compliance matters on the DICA’s website if companies registered on the online registry system, MyCO fail to comply with the existing law, rules and bylaws of the government institutions concerned and provisions stipulated in Myanmar Companies Law.
The registration and re-registration of companies on the MyCO website commenced on 1 August 2018 under the Myanmar Companies Law 2017. The number of registered companies stood at 10,699 in the past 11 months (January-November) 2022, 8,011 in 2021, 15,080 in 2020, 17,380 in 2019 and 8,506 in 2018, as per statistics of the DICA. The previously registered companies had to re-register on the MyCO and a total of 46,377 companies were re-registered on the MyCO between 1 August 2018 and 31 January 2019.
In addition, all registered companies need to file annual returns (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) under Section 97 of Myanmar Companies Law 2017. Under 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 under Section 53 (A-1) of the Myanmar Companies Law 2017.
As per DICA’s report, over 400 companies are suspended every month for failing to submit AR forms within the due date.
As a result of this, 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 the AR fee, K100,000 for restoration of the company on the Register, and K100,000 for late filing of documents. 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/EMM