During the previous year, Alfa Limited could not conduct its Annual General Meeting (AGM) within the timelines as per the Companies Act, 2013 due to some internal and operational issues. In the current year also, the Com
CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · December 2019
During the previous year, Alfa Limited could not conduct its Annual General Meeting (AGM) within the timelines as per the Companies Act, 2013 due to some internal and operational issues. In the current year also, the Company could not conduct its AGM within stipulated time, thereby committing the same default in the current year as well. What would be the penal provisions for such default?
Answer & Explanation:
As per the provisions of Section 99 of the Act, if the Company has defaulted in holding a meeting in accordance with Section 96 or Section 97, then the Company and every officer would be liable to fine upto Rupees 1 Lakh and further fine upto Rupees 5000 for each day of continuing default. As per Section 451 of the Companies Act, 2013, 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. Hence. Alfa Limited would be liable to twice the fine as mentioned above, as it has committed the same default within a period of 3 years.
Topics: Annual General Meeting (AGM)
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