Explain the nature of offences, which can be compounded under the Companies Act, 2013. Specify the jurisdiction for compounding such offences.
CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2024
Explain the nature of offences, which can be compounded under the Companies Act, 2013. Specify the jurisdiction for compounding such offences.
Answer & Explanation:
Nature of Offence which can be compounded According to Section 441 of the Companies Act 2013, any offence punishable under this Act (whether committed by a company or any officer thereof) not being an offence punishable with imprisonment only, or punishable with imprisonment and also with fine may be compounded by National Company Law Tribunal or Regional Director or any officer authorised by the Central Government. Therefore, offences which are punishable with fine only or with imprisonment or fine or both, can be compounded. Jurisdiction for Compounding of Offence The power of compounding which is vested with National Company Law Tribunal/Regional Director/ Person authorized by Central Government is categorized in a following arrangement: If the fine does not exceed ₹ 25 lakhs, the offence can be compounded by the Regional Director or any other officer as may be authorized by the Central Government; If the offence is punishable with fine exceeding ₹ 25 lakhs, the same can be compounded by the National Company Law Tribunal. Further, offence punishable with imprisonment or fine/ with imprisonment or fine or with both shall be compoundable with the permission of Special Court.
Topics: Company Law
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