"A Company and its officers will not be eligible for compounding again for similar offence". Elucidate.
CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · December 2019
"A Company and its officers will not be eligible for compounding again for similar offence". Elucidate.
Answer & Explanation:
If any offence committed by Company or the officers was compounded under section 441 of the Companies Act, 2013, and an offence similar to what was compounded earlier is committed again by a company or its officers within a period of three years from the date on which the earlier offence was compounded, then the provisions of section 441 of the Companies Act, 2013 will not be applicable and the company and the officers concerned will not be eligible for compounding again. In other words, similar offence can be compounded only once in three years. Section 451 of the Companies Act, 2013 provides that if a company or an officer of a company commits an offence punishable either with fine or with imprisonment and where the same offence is committed for the second or subsequent occasions within a period of three years, then, that company and every officer thereof who is in default shall be punishable with twice the amount of fine for such offence in addition to any imprisonment provided for that offence.
Topics: Compounding of Offences
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