Explain whether the following offences are compoundable, if yes, by whom? Also state the fine/imprisonment as per provisions of the Companies Act, 2013: Committee default in complying with the requirements relating to fo
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: Committee default in complying with the requirements relating to formation of companies with charitable objects, etc. under section 8(11).
Answer & Explanation:
According to section 8(11) of the Companies Act, 2013, if a company makes any default in complying with any of the requirements laid down in this section, the company shall, without prejudice to any other action under the provisions of this section, be punishable with fine which shall not be less than ten lakh rupees but which may extend to one crore rupees and the Directors and every officer of the company who is in default shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to twenty-five lakh rupees: Provided that when it is proved that the affairs of the company were conducted fraudulently, every officer in default shall be liable for action under section 447. In view of the above, it can be said that the offence is Compoundable and powers vested with National Company Law Tribunal. If the matter comes under the purview of proviso to section 8(11) According to section 447 of the Act, Without prejudice to any liability including repayment of any debt under this Act or any other law for the time being in force, any person who is found to be guilty of fraud involving an amount of at least ten lakh rupees or one per cent, of the turnover of the company, whichever is lower shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to ten years and shall also be liable to fine which shall not be less than the amount involved in the fraud, but which may extend to three times the amount involved in the fraud: Provided that where the fraud in question involves public interest, the term of imprisonment shall not be less than three years. Provided further that where the fraud involves an amount less than ten lakh rupees or one per cent. of the turnover of the company, whichever is lower, and does not involve public interest, any person guilty of such fraud shall be punishable with imprisonment for a term which may extend to five years or with fine which may extend to fifty lakh rupees or with both. In view of the above, it can be said that Offence is compoundable if comes under the purview of 2 nd proviso of section 447. The offence can be compounded by National Company Law Tribunal. In any other situation, offences are not compoundable.
Topics: Companies with Charitable Objects (Section 8 Companies)
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