As a result of failure to file form for satisfaction of charge within due time, Amicable Software Limited applied to Tribunal for condonation of delay. Delay was condoned with levy of additional and minor penalty. What s

CS Professional · Advanced Company Law and Practice · PYQS · June 2018
As a result of failure to file form for satisfaction of charge within due time, Amicable Software Limited applied to Tribunal for condonation of delay. Delay was condoned with levy of additional and minor penalty. What steps would you as Company Secretary now take to complete satisfaction of charge in record of the Registrar of Companies. ?

Answer & Explanation:

The Regional Director, Ministry of Corporate Affairs ("RD"), is empowered to condone the delay in registration of charge or for giving intimation about satisfaction of the charge or modification of the charge etc and to order that the omission or misstatement in the Register of Charges be rectified. After orders have been passed by the RD, the company is required to pay the penalty, levied if any, and file e-form 28 with a certified copy of the order so passed and. Thereafter, e-form filed with ROC for satisfaction of Charge shall be taken on record by the ROC. (Note: In question, it is wrongly written that application was made to Tribunal for condonation of delay. The power to condone the delay is with Regional Director. While checking, this point may be considered and benefit of doubt may be given to students.)

Topics: Charges

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