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POWER OF REGIONAL DIRECTOR TO COMPOUND OFFENCES UNDER COMPANIES ACT, 2013

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POWER OF REGIONAL DIRECTOR TO COMPOUND OFFENCES UNDER COMPANIES ACT, 2013
Mr. M. GOVINDARAJAN By: Mr. M. GOVINDARAJAN
November 26, 2018
All Articles by: Mr. M. GOVINDARAJAN       View Profile
  • Contents

The Companies Act, 2013 provides for compounding of offences committed either by a company or any officer of the Company.  The Regional Director is having power to compound the offence punishable under this Act with fine only and where the maximum amount of fine which may be imposed for such offence does not exceed ₹ 5,00,000.  The following cases can be compounded by the Regional Director:

Sl.

No.

Section

Nature of offence

Fine

1

11(2)

Committing default in complying with the requirements relating to commencement of business.

 

Fine upto ₹ 5,000 on company.

Fine upto ₹ 1,000 for each day of default (for officer in default)

2

16(3)

Committing default in complying with the directions issued under sub-section (1) relating to rectification of name of company

 

Fine upto ₹ 1,000 for each day of default on company.

Fine not less than ₹ 5,000 but may be extended to ₹ 1 lakh (for officer in default)

3

26(9)

Contravention of provisions relating to issue of a prospectus

Fine from ₹ 50,000 to 3 lakh on company.

 

4

53(3)

Violation of provisions relating to

issue of shares at discount

Fine not less than ₹ 1 Lakh but may be extended to ₹ 5 lakh on company

5

56(6)

Failure to comply with the provision relating transfer and transmission of securities under sub-section (1) to (5)

Fine not less than ₹ 25,000 but may be extended to ₹ 5 lakh on company.

Fine not less than ₹ 10,000 but may be extended to ₹ 1 lakh (for officer in default)

6

59 (5)

Committing default in complying with the order of Tribunal relating to rectification of register of members

Fine not less than ₹ 1 lakh but may be extended to ₹ 5 lakh on company

7

64(2)

Failure to file a notice related to alteration, increase or redemption of share capital along with the altered memorandum with the Registrar

Fine upto ₹ 1,000 for each day of default continues, or five lakh

Rupees whichever is less

8

67(5)

Contravening provisions relating to purchase by company or loans by company for purchase of its own shares

Fine not less than ₹ 1 lakh but may be extended to ₹ 25 lakh on company. [If more than 5 lakh then compoundable by the Tribunal]

9

68(11)

If a company makes any default in complying with the provisions of this section or any regulation made by the Securities and Exchange Board relating to buy back of securities

Fine not less than ₹ 1 lakh but may be extended to ₹ 3 lakh on company

 

10

86

Contravention of any provision of Chapter VI relating to Registration

Of charges

Fine not less than ₹ 1 lakh but may be extended to ₹ 10 lakh on company

11

88(5)

Failure to maintain register of members or debenture-holders or other security holders as prescribed

Fine not less than ₹ 50,000 but may be extended to ₹ 3 lakh and further fine up to ₹ 1000/- for each day of default in case failure continues

12

89(5)

Failure to file declaration not holding beneficial interest in any share

Fine upto ₹ 50,000 and further fine up to ₹ 1,000/- for each day in case failure continues

13

89 (7)

Failure to file return relating to beneficial interest in any share before the expiry of the time specified under the first proviso to sub-section (1) of section 403

Fine not less than ₹ 500 but may be extended to ₹ 1,000 on company & every officer who is in default and further fine up to ₹ 1000 for each day of default in case of failure continues

14

92 (6)

If a company secretary in practice certifies the annual return otherwise than in conformity with the requirements of this section or the rules made there under.

Fine which shall not be less than ₹ 50,000 but may be extended to ₹ 5 lakh

15

99

Default in holding a meeting of the company in accordance with section 96 or section 97 or section 98 or in complying with any directions of the Tribunal

Fine upto ₹ 1 lakh on company & every officer who is in default and further fine up to ₹ 5,000/- for each day of default in case failure continues

16

102 (5)

Default in complying with the provisions of this section relating to statement to be annexed to notice

Fine upto ₹ 50,000 or 5 times the amount of benefit accruing to the promoter, director, manager or other key managerial personnel or any of his relatives, whichever is more

17

105(3)

If default is made in complying with sub-section (2) relating to proxies

Fine up to ₹ 5,000 on every officer who is in default

18

105(5)

If invitations to appoint as proxy a person or one of a number of persons specified in the invitations are issued

Every officer of the company who knowingly issue or willfully authorizes or permits their issue shall be punishable with fine up to ₹ 1 lakh

19

121(3)

Failure to file report on annual general meeting

Fine not less than ₹ 1 lakh but may be extended to ₹ 5 lakh on company.

Fine not less than ₹ 25,000 but may be extended to ₹ 1 lakh (for officer in default)

20

124(7)

Failure to transfer the amount of accumulated profits to unpaid dividend and violating other provisions of Section 124

Fine not be less than ₹ 1 lakh but may be extended to ₹ 5 lakh or with both (for every officer in default)

21

137(3)

Failure to file financial statements with the Registrar

Fine up to ₹ 1,000/- for each day of default, but maximum up to ₹ 10 lakh

22

140(3)

Non compliance by auditor of sub section (2) relating to filing of registration information

Fine not less than ₹ 50,000 but may be extended to ₹ 5 lakhs on auditor/audit firm

23

147(1)

Failure of company to comply with the provisions of sections 139 to 146 with regard to auditors

Fine not less than ₹ 25,000 but may be extended to ₹ 5 lakh on company

24

157(2)

Failure to furnish DIN to Registrar

Fine not less than ₹ 25,000 but may be extended to ₹ 1 lakh on company and every officer in default

25

165 (6)

Acting as a director of more than 20 companies

Fine not less than ₹ 5,000 but may be extended to ₹ 25000 for each day of default

26

166(7)

Default in complying with the provisions of this section relating to directors duties

Fine not less than ₹ 1 lakh but may be extended to ₹ 5 lakh on directors

27

172

Contravention of the provisions of Chapter XI relating to appointment and qualifications of directors

Fine not less than ₹ 50,000 but may be extended to ₹ 5 lakh

28

178(8)

Default in complying with the provisions of Section 177 & of this section relating to Committee like Nomination, Remuneration and Stakeholders Relationship Committee

Fine not less than ₹ 1 lakh but may be extended to ₹ 5 lakhs on company

29

188 (5)(ii)

Related party transaction in case of other country

Fine not less than ₹ 25,000 but may be extended to ₹ 5 lakh

30

187 (4)

Contravention of the provisions of this section relating to investment of company held in its name

Fine not less than ₹ 25,000 but may be extended to ₹ 25 lakhs on company

31

191 (5)

Contravention of the provisions of this section relating to payment to director for loss of office in connection with transfer of property

Fine not less than ₹ 25,000 but may be extended to ₹ 1 lakh on such director

32

197 (15)

Contravention of the provisions of this section relating to managerial remuneration in case of absence or inadequacy of profits

Fine not less than ₹ 1 lakh but may be extended to ₹ 5 lakhs.

33

203 (5)

Contravention of the provisions of this section relating to appointment of Key Managerial personnel.

Fine not less than ₹ 1 lakh but may be extended to ₹ 5 lakh on company.

Fine up to ₹ 50,000 on Director or Key Managerial Person who is in default and further fine up to ₹ 1000 for each day of default in case of the contravention continues

34

204(4)

Contravention of the provisions of this section relating to Secretarial Audit for bigger companies

Fine not less than ₹ 1 lakh but may be extended to ₹ 5 lakh on the company, every officer of the company and company secretary in practice.

35

206(7)

Failure to furnish any information during inspection or inquiry

Fine up to ₹ 1 lakh and further fine up to ₹ 500 for each day of default on the company and every officer of the company

36

221(2)

Any removal, transfer or disposal of funds, assets or properties of the company in contravention of the order of the Tribunal under sub-section (1)

Fine not less than ₹ 1 lakh may be extended to ₹ 25 lakh on company.

37

222(2)

Securities in any company are issued or transferred or acted upon in contravention of an order of the Tribunal under sub-section (1)

Fine not less than ₹ 1 lakh but may be extended to ₹ 25 lakh on company

38

232 (8)

Contravention of the provisions of the transfer and transferee company in case of merger or amalgamation

Fine not less than ₹ 1 lakh but may be extended to ₹ 25 lakhs on company

39

238(3)

Failure to register the offer of schemes involving transfer of shares

Fine not less than ₹ 25,000 but may be extended to ₹ 5 lakhs on director who issue such circular

40

242(8)

Contravention of the order of the Tribunal relating to alterations in memorandum of articles

Fine not less than ₹ 1 lakh but may be extended to ₹ 25 lakh on company

41

247 (3) proviso

Contravention of the provisions of this section by the valuer

Fine not less than ₹ 25,000 but may be extended to ₹ 1 lakh

42

249(2)

Filing of application in restricted cases for removal of name

Fine up to ₹ 1 lakh

43

302 (4)

Committing default by official liquidator in forwarding a copy of the order of dissolution of company by trial with the period specified in sub section (3)

Fine up to ₹ 5000 for each day of default (on company liquidator)

44

306(5)

Default in calling the meeting of the creditors, to prepare a statement of the position of the company’s affairs along with a list of creditors, estimated amount of claim and filing the resolution with Registrar.

Fine not less than ₹ 50,000 but may be extended to ₹ 2 lakh

45

307(2)

Default in publication of resolution to wind up voluntarily

Fine up to ₹ 5,000 for each day of default on company and every officer of the company

46

312(2)

Failure to give notice of appointment of Company Liquidator to Registrar

Fine up to ₹ 500 for each day of default on company and every officer who is in default

47

314 (5)

Failure to prepare quarterly statement of accounts by company liquidator in voluntary winding up and file with Registrar under sub-section (5)

Fine up to ₹ 5000 for each day of default (on company liquidator)

48

318(8)

Failure to complying with the provisions of this section relating to final meeting and dissolution of company

Fine up to ₹ 1 lakh (on company liquidator)

49

342(6)

Failure to neglect to give assistance required under sub-section (5)

Fine not less than ₹ 25,000 but may be extended to ₹ 1 lakh

50

344 (2)

Failure to give statement that the company is in liquidation

Fine not less than ₹ 50000 but may be extended to ₹ 3 lakhs

51

348(6)

Contravention of the provisions of information as to pending liquidation

Fine up to ₹ 5,000 for each day of default (for company liquidator)

52

356(2)

Failure to file certified copy of the order of Tribunal relating to dissolution of company void with the Registrar.

Fine up to ₹ 10,000 for each day of default (for company liquidator or the person on whose application the order was passed)

53

392

Contravention of the provisions of Chapter XXII by a foreign company

Fine not less than ₹ 1 lakh but may be extended to ₹ 3 lakh fine and further  fine up to ₹ 50,000 for each day of default

54

405(4)

Failure to furnish information or statistics etc., by the companies required by the Central Government

Fine up to ₹ 25,000 on company

55

450

No specific penalty or punishment is provided in the Act

Fine up to ₹ 10,000 and further fine up to ₹ 1,000 for each day of default in case of contravention continue

56

451

Repeated default within 3 years

Twice the amount of fine for such offence in addition to any imprisonment provided for that offence

57

452(1)

Punishment for wrongful withholding of property

Fine not less than ₹ 1 lakh but  may be extended to ₹ 5 lakh on officer or employee of the company

58

453

Improper use of words ‘limited’ and ‘private limited’

Fine not less than ₹ 500 but may be extended to ₹ 2000 for each day of default

59

454(8)

Failure to pay the penalty imposed by the adjudicating officer or Regional Director

Fine not less than ₹ 25,000 but may be extended to ₹ 5 lakh on company

60

464(3)

Being a member of a company formed exceeding certain numbers

Fine up to ₹ 2 lakh and liabilities incurred in such business

61

469(3)

Contravention of the Rules framed by Central Government

Fine up to ₹ 5,000 and further fine up to ₹ 500 for each day of default in case of contravention continues.

62

186 (13)

Contravention of the provisions of this section relating to loans and investments

Fine not less than ₹ 25,000 but may be extended to ₹ 5 lakhs on company

 

By: Mr. M. GOVINDARAJAN - November 26, 2018

 

 

 

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