Enumerate the Compounding Authorities under Companies Act, 2013. Write the procedure for compounding in brief.

CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · June 2019
Enumerate the Compounding Authorities under Companies Act, 2013. Write the procedure for compounding in brief.

Answer & Explanation:

In terms of Section 441 of the Act, there are two compounding authorities: Regional Director: The Regional Director (RD) appointed by the Central Government as a Regional Director for the purposes of the Companies Act, 2013, and National Company Law Tribunal (NCLT) Procedure for Compounding of offence Call for a board meeting to decide on compounding as per the Companies Act, 2013. Arrive at the amount of the fine involved as per the relevant section(s). Hold the Board Meeting and pass resolution(s) to compound and provide for preparation and providing necessary authorization for compounding. Every application for the compounding of an offence shall be made to the Registrar who shall forward the same, together with his comments thereon, to the Tribunal or the Regional Director or any officer authorised by the Central Government, as the case may be. The filing with Registrar of Companies (ROC) is done in the e-from GNL-1 prescribed for this purpose. Also deliver sufficient number of hard copies of the compounding application to ROC for him to forward it to RD/Tribunal based on the quantum of fee involved. There will be a personal hearing before the Regional Director or Tribunal which will decide the amount to be paid for compounding. Get the order passed by the RD/Tribunal and pay the amount stipulated within the time fixed. File Order of RD/NCLT with ROC in form INC-28 and ROC will take note of the same.

Topics: Company Law

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic