Infomatika Limited, a Public Limited Company was incorporated under the Companies Act, 1956 in the year 2010. During the financial year ended March 31, 2019, the Company made a contribution of ₹ 50 Lakhs to a local polit
CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · December 2019
Infomatika Limited, a Public Limited Company was incorporated under the Companies Act, 1956 in the year 2010. During the financial year ended March 31, 2019, the Company made a contribution of ₹ 50 Lakhs to a local political party, which amounts to 9% of its average net profits during three immediately preceding financial years. Is the Company compliant with the provisions of the Companies Act, 2013, if not, what would be the penal provisions for such an act?
Answer & Explanation:
As per Section 182 of the Companies Act, 2013, a company, other than a Government company and a company which has been in existence for less than three financial years, may contribute any amount directly or indirectly to any political party. Further, such contribution shall be approved by a resolution authorising the making of such contribution is passed at a meeting of the Board of Directors. Every company shall disclose in its profit and loss account the total amount contributed by it as contribution to political parties during the financial year to which the account relates. Such contribution shall not be made except by an account payee cheque drawn on a bank or an account payee bank draft or use of electronic clearing system through a bank account. However, a company may make contribution through any instrument, issued pursuant to any scheme notified under any law for the time being in force, for contribution to the political parties. Section 182(4) states that company shall be punishable with fine which may extend to five times the amount so contributed and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to six months and with fine which may extend to five times the amount so contributed. Infomatika Limited has made a political contribution of Rupees 50 Lakhs to a local political party. To become a compliant company, Infomatika Limited shall be in compliance with the provisions of section 182 of the Companies Act, 2013
Topics: Political Contributions
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