DEF Ltd., a company listed at Bombay Stock Exchange, failed to file its report on the annual general meeting for the financial year ended 31st March, 2013 with the Registrar of Companies, Mumbai. The company further abst

CS Executive · Company Law · PYQS · June 2015
DEF Ltd., a company listed at Bombay Stock Exchange, failed to file its report on the annual general meeting for the financial year ended 31st March, 2013 with the Registrar of Companies, Mumbai. The company further abstained from filing the said report for another two years, viz. financial years ended 31st March, 2014 and 2015 respectively. Examining the provisions of the Companies Act, 2013, state whether the default committed by the company amounts to an offence. If so, to what extent it is possible to get the offence(s) compounded.

Answer & Explanation:

According to section 121 of the Companies Act, 2013 every listed public company shall prepare in the a report on each annual general meeting including the confirmation to the effect that the meeting was convened, held and conducted as per the provisions of this Act and the rules made thereunder. The company is required to file with the Registrar a copy of the report within thirty days of the conclusion of the annual general meeting with the prescribed fees or with such additional fees within a period of 270 days from the date by which it should have been filed in accordance with section 403 of the said Act. If the company fails to file the report before the expiry of the period specified under section 403 with additional fee, the company shall be punishable with fine which shall not be less than ₹1 lakh but which may extend to ₹5 lakh and every officer of the company who is in default shall be punishable with fine which shall not be less than ₹25,000 but which may extend to ₹1 lakh. Accordingly company has made default for the financial years ending 31st March, 2014 and 2015 only, in compliance of above provisions. The company may submit application with Regional Director or any officer authorised by the central government for compounding of the offence Any offence punishable with fine only and where the maximum amount of fine which may be imposed for such offence does not exceed ₹5 lakhs may be compounded by the Regional Director or any officer authorised by the central government under section 441.

Topics: Management and Administration

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