An investigation has been initiated against PR Limited under Section 210 of the Companies Act, 2013. M, the Managing Director of PR Limited, refused to produce books of accounts before the Inspector and disobeyed the dir

CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · June 2019
An investigation has been initiated against PR Limited under Section 210 of the Companies Act, 2013. M, the Managing Director of PR Limited, refused to produce books of accounts before the Inspector and disobeyed the direction issued by the Inspector. What would be the penal provisions for such an action under the Companies Act, 2013?

Answer & Explanation:

As per section 217(6) of the Companies Act, 2013, if any director or officer of the company disobeys the direction issued by the Registrar or the inspector, the director or the officer shall be punishable with imprisonment which may extend to one year and with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees. If a director or an officer has been convicted of an offence, the director or the officer shall on and from the date of conviction shall be deemed to have vacated his office and shall also be disqualified from holding an office in any company. As per section 217(8) of the Companies Act, 2013, if any person fails without reasonable cause or refuse- To produce to an inspector or authorised person any book or paper which is his duty To furnish any information which is his duty to furnish To appear before the inspector personally when required to do so or to answer any question which is put to him by the inspector To sign the notes of any examination, he shall be punishable with imprisonment for a term which may extend to six months and with fine which shall not be less than twenty five thousand rupees but may extend to one lakh rupees and also with a further fine which may extend to two thousand rupees for every day after the first during which the failure or refusal continues.

Topics: Company Law

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