Explain whether the following offences are compoundable, if yes, by whom? Also state the fine/imprisonment as per provisions of the Companies Act, 2013: Non-compliance of direction issued relating to restriction of name
CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · December 2024
Explain whether the following offences are compoundable, if yes, by whom? Also state the fine/imprisonment as per provisions of the Companies Act, 2013: Non-compliance of direction issued relating to restriction of name of company u/s 16.
Answer & Explanation:
As per Section 16(3) of the Companies Act, 2013(Act), if a company makes default in complying with any direction given under section 16(1), the Central Government shall allot a new name to the company in such manner as may be prescribed and the Registrar shall enter the new name in the register of companies in place of the old name and issue a fresh certificate of incorporation with the new name, which the company shall use thereafter. Provided that nothing in this sub-section shall prevent a company from subsequently changing its name in accordance with the provisions of section 13. However, there is no monetary penalty prescribed under Sec 16(3). Accordingly, penalty can only be levied on the company, only under Sec 450 of the Act, which provides that the company and every officer of the company who is in default or such other person shall be liable to a penalty of ₹ 10,000/-, and in case of continuing contravention, with a further penalty of ₹ 1,000/- for each day after the first during which the contravention continues, subject to a maximum of two lakh rupees in case of a company and fifty thousand rupees in case of an officer who is in default or any other person. In view of the above, it can be said that the offence does not come under the purview of compounding but comes under the purview of Adjudication under section 454 of the Companies Act, 2013.
Topics: Compounding of Offences
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