Rasik joined as Company Secretary of Jeetu Jewelers Ltd effective April 1, 2023. Prior to him, Keyur was the Company Secretary of the Company for a period of two years till December 31, 2022. The Registrar of Companies (

CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · December 2023
Rasik joined as Company Secretary of Jeetu Jewelers Ltd effective April 1, 2023. Prior to him, Keyur was the Company Secretary of the Company for a period of two years till December 31, 2022. The Registrar of Companies (ROC) sought certain clarifications on the documents filed by the Company for the financial years ended March 31, 2021 and March 31, 2022 by issuing notice dated June 1, 2023 to the Company. The management of the Company asked Rasik to respond to the Notice appropriately. However, Rasik contended that, as he is in the employment of the Company since April 1, 2023, he would not be in a position to respond to queries relating to earlier periods. Can the Company ask Keyur, to provide the information?

Answer & Explanation:

According to section 206(2) of the Companies Act, 2013 (the Act) on the receipt of a notice under section 206(1), it shall be the duty of the company and of its officers concerned to furnish such information or explanation to the best of their knowledge and power and to produce the documents to the Registrar within the time specified or extended by the Registrar. However, where such information or explanation relates to any past period, the officers who had been in the employment of the company for such period, if so called upon by the Registrar through a notice served on them in writing, shall also furnish such information or explanation to the best of their knowledge. In view of the above mentioned provision, it can be said that it shall be the duty of Rasik to give explanation/clarification to the best of his knowledge and power. Further, According to the proviso to section 206(2) of the Act , Registrar of Companies can ask Keyur to provide the information and furnish such explanation/clarification to the best of his knowledge. However, there is no provision which prohibits a company from asking Keyur to provide information and also there is no provision which empowers the Company to ask Keyur to provide the information.

Topics: Company Law

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