Explain whether the following offences are compoundable, if yes, by whom? Also state the fine/imprisonment as per provisions of the Companies Act, 2013: Failure to file declaration not holding beneficial interest in any

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: Failure to file declaration not holding beneficial interest in any share under section 89(5).

Answer & Explanation:

If any person fails to make a declaration as required under section 89(1) or section 89(2) or section 89(3) of the Companies, 2013, he shall be liable to a penalty of fifty thousand rupees and in case of continuing failure, with a further penalty of two hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees. 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: Beneficial Interest in Shares

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