Explain the Compounding Authorities for Compounding of offences under section 441 of the Companies Act, 2013. Differentiate between Compoundable and Non- Compoundable Offences.

CS Professional · Compliance Management, Audit and Due Diligence · PYQS · June 2026
Explain the Compounding Authorities for Compounding of offences under section 441 of the Companies Act, 2013. Differentiate between Compoundable and Non- Compoundable Offences.

Answer & Explanation:

Provisions for compounding of offences, which are punishable under the Companies Act, 2013 are stipulated under Section 441, which provides for following two Compounding Authorities: Where the maximum amount of fine which may be imposed for such offence is upto ₹25 lakh - Regional Director or any officer authorised by the Central Government is the compounding authority. In case maximum amount of fine exceeds ₹25 lakh, National Company Law Tribunal (NCLT) is the Compounding authority. Difference between Compoundable and Non-Compoundable Offences: An offence may be "Compoundable" or "Non-Compoundable". An offence punishable under the Companies Act, 2013 with imprisonment only or with imprisonment and also with fine is a non-compoundable offence. All other offences, i.e., offences punishable with (a) fine only, or (b) fine or imprisonment and (c) fine or imprisonment or both are compoundable offences under the Act. Compoundable Offences: Not being an offence punishable with imprisonment only or punishable with imprisonment and also with fine. Non-Compoundable Offences: Punishable with imprisonment only or imprisonment and also with fine Investigation has been initiated or pending against a company An offence is committed by a company or its officer within a period of 3 years from the date on which a similar offence committed by it or him was compounded.

Topics: Companies Act, 2013

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