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Section 4Association
Memorandum
of
2.
DIRECTOR/PROMOTER
/OFFICER
IN
DEFAULT/EMPLOYEE
ACT,
2013
FOR
THE
COMPANY
1.
COMPANIES
PERSON
making
application shall be liable
to PENALTY of Rs. 1
Lakh.
B. Where the Company
has been incorporated -:
1. The ROC may director
the company to change
name within 3 months or
2. Take action for the
striking off the name of the
company or
3. May make petition for
the WINDING UP of the
Company.
STATUTORY
AUDITOR/COST
AUDITOR/SECRETA
RIAL AUDITOR AND
OTHER PERSON IF
ANY
3.
Section 11-Commencement
business, etc.
of
5.
6.
7.
Section
15Alteration
of
memorandum or articles to be
noted in every copy.
8.
Same as Company
Same as Company
9.
11.
Section
39Allotment
securities by company.
of
IMPRISONMENT for a
term which may extend to
3 years or FINE of Rs.
50,000/- which may be
extended upto Rs. 3 Lakh
or both.
PENALTY for each default,
of Rs. 1000/- for each day
during which such default
continues or Rs. 1 Lakh,
whichever is less.
For Company-:
13.
Accepting an offer or
accepts
monies
in
contravention
of
this
section, shall be liable for a
PENALTY which may
extend to THE AMOUNT
INVOLVED
IN
THE
OFFER or invitation or RS.
2 CRORE, whichever is
higher, and the company
shall also refund all monies
to subscribers within a
period of 30 days of the
order imposing the penalty.
FINE which shall not be
less than 5 times the face
value
of
the
shares
involved in the issue of the
duplicate certificate but
which may extend to 10
times the face value of such
shares or RS. 10 CRORES
whichever is higher.
Same as Company
Same as Company
For every
default-
officer
in
14.
Section
48Variation
shareholders rights.
of
16.
Section
56-Transfer
transmission of securities.
and
Section
57-Punishment
personation of shareholder.
for
For every
default
officer
in
IMPRISONMENT for a
term which may extend to
6 months or with FINE
which shall not be less
than Rs. 1 Lakh but which
may extend to Rs. 5 Lakhs,
or with both.
For every officer in
defaultFINE which shall not be
less than Rs. 10000/- but
which may extend to Rs. 1
Lakhs.
18.
Rs. 5 Lakh.
Any
person
who
contravenes the order of
the Tribunal under this
section,
he
shall
be
punishable
with
imprisonment for a term
which shall not be less
than 1 year but which may
extend to 3 years AND
with fine which shall not
be less than Rs. 1 Lakh but
which may extend to Rs. 5
lakh.
Section
60-Publication
of
authorised, subscribed and paidup capital.
11.
Section
66-Restrictions
on
purchase by company or giving
of loans by it for purchase of its
shares.
For every
default-
IMPRISONMENT for a
term which may extend to
3 years AND FINE which
shall not be less than 1
lakh but which may
extend to Rs. 25 lakh.
.
20.
21.
22.
Section 71-Debentures
(10) Where a company fails to
redeem the debentures on the
date of their maturity or fails to
pay interest on the debentures
when it is due, the Tribunal may,
on the application ofany or all of
the
debenture-holders,
or
debenture trustee and, after
hearing the parties concerned,
direct, by order, the company to
redeem the debentures forthwith
on payment of principal and
interest due thereon.
Section 74 -Repayment of
deposits, etc. Accepted before
commencement of this Act.
Subsection (3) of this section
provides that if a company fails
to repay the deposit or part
thereof or any interest thereon
within the time specified in subsection (1) or such further time as
may be allowed by the Tribunal
under sub-section (2).
officer
in
IMPRISONMENT for a
term which may extend to
three years or with fine
which shall not be less
than Rs. 1 Lakh but which
may extend to Rs. 3 Lakh.
For every
default-
officer
in
IMPRISONMENT for a
term which may extend to
3 years or with fine which
shall not be less than Rs. 1
Lakh
but which may
extend to Rs. 5 Lakh or
with both.
23.
24.
For every
default-
Section 86.
contravention
Punishment
for
(Chapter
XI
relating
to
Registration
of
Creation,
Modification and Satisfaction of
Charges on the properties of the
Company).
25.
26.
For every
default-
officer
officer
in
in
IMPRISONMENT for a
term which may extend to
6 months or with FINE
which shall not be less
than Rs. 25000/- but which
may extend to Rs. 1 Lakh
or with both.
For every
default-
officer
in
Same as Company
in
27.
28.
in
file its
section
of the
section
Company Secretary in
PracticeCertifying the annual
return otherwise than
in conformity with the
requirements of this
section or the rules
made thereunder, he
shall be punishable
with FINE which shall
not be less than Rs.
50,000/ but which may
extend to Rs. 5 Lakh.
30.
31.
Section
99-Punishment
for
default in Complying with
provisions of sections 96 to 98.
32.
33.
34.
For
every
officer
knowingly
issues
the
invitations as aforesaid or
willfully authorizes or
permits their issue
FINE which may extend to
Rs. 1 Lakh.
of
For
every
default-
For
every
default-
36.
37.
Section
118Minutes
of
proceedings of general meeting,
meeting of Board of Directors and
other meeting and resolutions
passed by postal ballot.
Subsection (11) of this section
provides that ,If any default is
made in complying with the
provisions of this section in
respect of any meeting then the
same shall be punishable.
Section
118Minutes
of
proceedings of general meeting,
meeting of Board of Directors and
other meeting and resolutions
passed by postal ballot.
in
officer
in
officer
For
every
default-
officer
in
39.
40.
41.
Section
127-Punishment
for
failure to distribute dividends.
Where a dividend has been
declared by a company but has
not been paid or the warrant in
respect thereof has not been
posted within thirty days from
the date of declaration to any
shareholder entitled to the
payment of the dividend the
Company shall pay interest and
directors shall be punishable.
42.
For
every
default-
officer
in
For
every
default-
officer
in
IMPRISONMENT which
may extend to 2 years AND
with FINE which shall not
be less than Rs. 1000/- for
every day during which
such default continues.
For
MD,
the
WTD,
Director Finance, CFO or
any other person of a
company charged by the
Board with the duty of this
sectionIMPRISONMENT for a
term which may extend to 1
year or with FINE which
shall not be less than Rs.
50,000/- but which may
extend to Rs. 5 Lakh or
43.
with both.
For
MD,
the
WTD,
Director Finance, CFO or
any other person of a
company charged by the
Board with the duty of this
section-
44.
Section 134
Constitution of
National Financial Reporting
Authority.
Subsection (4) provides that
notwithstanding
anything
contained in any other law for the
time being in force, the National
Financial Reporting Authority
shall
(a) have the power to investigate,
either suo motu or on a reference
made to it by the Central
Government, for such class of
bodies corporate or persons, in
such manner as may be
prescribed into the matters of
professional or other misconduct
committed by any member or
firm of chartered accountants,
registered under the Chartered
Accountants Act, 1949: Provided
that no other institute or body
shall initiate or continue any
proceedings in such matters of
misconduct where the National
Financial Reporting Authority
has
initiated an investigation under
IMPRISONMENT for a
term which may extend to 1
year or with FINE which
shall not be less than Rs.
50,000/- but which may
extend to Rs. 5 Lakh or
with both.
Where the company is not
having any of the above
officers all the directors of
the Company shall be liable
for the above penalty.
penalty
this section;
period of 6 months or
for such higher period
not exceeding 10 YEARS
as may be decided by
the National Financial
Reporting Authority.
45.
46.
IMPRISONMENT for a
term which may extend to 3
YEARS or with FINE
which shall not be less than
Rs. 50,000/- but which may
extend to Rs. 5 Lakh or
with both.
PENALTY which shall
not be less than Rs.
25,000/-.
47.
48.
Section
140Removal,
resignation of auditor and giving
of special notice.
Subsection 3 of this section
provides If the auditor does not
comply with sub-section (2), he or
it shall be liable to fine i.e. fails to
file intimation to ROC regarding
resignation and other matters.
49.
Not applicable
IMPRISONMENT for a
term which may extend to 1
Auditor.
52.
53.
54.
for
Contravention by an Individual
or director of a Company relating
to DIN Matters.
IMPRISONMENT for a
term which may extend to 6
Months or with FINE
which shall not be less than
Rs. 50,000/- where the
contravention
is
a
continuing one, with a
further fine which may
extend to Rs. 500/- for
every day after the first
during
which
the
contravention continues.
Section
165Directorships.
Number
of
55.
56.
Section
167Vacation
of
Directors.
If a person, functions as a director
even when he knows that the
office of director held by him has
become vacant on account of any
of the disqualifications specified
Director in Default
IMPRISONMENT for a
term which may extend to 1
year or with fine which
shall not be less than 1
Lakh but which may extend
57.
58.
59.
Section
172-Punishment
for
contravention of any provisions
of Chapter XI for which no
penalty is specified any where in
the act
Same as Company
60.
61.
62.
63.
64.
Section
188-Related
transactions
party
LISTED
IMPRISONMENT which
may extend to 1 year FINE
which shall not be less than
Rs. 25,000/- but which may
extend Rs. 5 Lakh, or with
both.
In case of ANY OTHER
COMPANY
IMPRISONMENT which
may extend to 1 year FINE
66.
67.
Section
190Contract
of
employment with managing or
whole-time directors.
68.
69.
on
Any
person
who
contravene the provisions
of this sectionIMPRISONMENT for a
term that may extend to 5
years or with FINE which
shall not be less than Rs. 5
Lakh but which may extend
RS. 25 CRORES or 3
TIMES THE AMOUNT OF
PROFITS MADE out of
insider
trading,
WHICHEVER
IS
HIGHER,
OR
WITH
BOTH.
70.
71.
72.
Any
person
who
contravenes the provisions
of this Section
Any
Officer
of
the
Company who contravene
the provision
FINE Rs. 1 Lakh but which
may extend to Rs. 5 Lakh.
COMPANY
SECRETARY
PRACTICE
contravene
provision -:
IN
who
the
73.
punishable.
74.
Section 207Conduct of
Inspection and Inquiry
(i.e.
Registrar of Companies)
If any director or officer of the
company disobeys the direction
issued by the Registrar or the
inspector under this section, the
director or the officer shall be
punishable.
75.
ANY COMPANY.
76.
77.
IMPRISONMENT for a
term which may extend to 6
months AND with FINE
which shall not be less than
Rs. 25,000/- but which may
extend to Rs. 1 Lakh, and
also with a FURTHER
FINE which may extend Rs.
2,000/- for every day after
the first during which the
failure or refusal continues.
IMPRISONMENT for a
term which may extend to 3
years or with FINE which
shall not be less than Rs.
50,000/- but which may
extend to Rs. 5 Lakh, or
with both.
78.
Section
221
-Merger
and
amalgamation of companies.
Subsection (8) of this section
provides that If a transferor
company or a transferee company
contravenes the provisions of this
section, the transferor company
or the transferee company, as the
case may be and every officer of
such transferor or transferee
company who is in default, shall
be punishable.
79.
Every
officer
of
the
Transferor and Transferee
company who is in defaultIMPRISONMENT for a
term which may extend to 1
year or with FINE which
shall not be less than Rs. 1
Lakh but which may extend
to Rs. 3 Lakh, or with both.
Section
229
-Penalty
for
furnishing
False
statement,
mutilation,
destruction
of
documents.
investigation, or an officer or
other employee of a company or
other body corporate which is
also under investigation,
a) destroys, mutilates or falsifies,
or conceals or tampers or
unauthorisedly
removes, or is a party to the
destruction,
mutilation
or
falsification or concealment or
tampering
or
unauthorised
removal of, documents relating to
the property, assets or affairs of
the company or the body
corporate;
(b) makes, or is a party to the
making of, a false entry in any
document
concerning
the
company or body corporate;
(c) provides an explanation which
is false or which he knows to be
false,
80.
81.
Any
Person
who
knowingly acts as a MD or
certain Agreements
Subsection (2) of this section
provides Any person who
knowingly acts as a managing
director or other director or
manager of a company in
contravention of clause (b) of subsection (1), and every other
director of the company who is
knowingly a party to such
contravention,
shall
be
punishable.
82.
IMPRISONMENT for a
term which may extend to 6
months or with FINE which
may extend to Rs. 5 Lakh, or
with both.
83.
by
For
Registered
Valuer
contravening the section-
84.
85.
Section
267-Punishment
for
certain offences (Chapter XIX
REVIVAL
AND
REHABILITATION OF SICK
COMPANIES)
Any
person
who
violates the order of
tribunalIMPRISONMENT for
a term which may
extend to 7 YEARS
AND with fine which
may extend to RS. 10
LAKH.
86.
IMPRISONMENT
which
may extend to 6 months or
with FINE which may
extend to Rs. 50,000/-, or
with both.
87.
88
89.
For
Company
Liquidator
which may extend to
Rs. 5000/- for every day
during
which
the
default continues
for
91
92
Section
312Notice
of
appointment
of
Company
Liquidator to be given to
Registrar.
Subsection
(2) If a company
contravenes the provisions of
sub-section (1), the company and
every officer of the company who
is in default shall be punishable.
IMPRISONMENT for a
term which may extend to 6
months or with fine which
shall not be less than Rs.
50,000/- but which may
extend to Rs. 2 Lakh, or with
both.
93
94
95
For
Liquidator
Company
FINE
which
may
extend to Rs. 5,000/- for
every day during which
the failure continues.
For
Liquidator
Company
FINE
which
may
extend to Rs. 10 Lakh.
For
Liquidator
Company
FINE
which
may
extend to Rs. 10 Lakh.
97
For
Liquidator
Company
Subsection
(8) provides that If
the Company Liquidator fails to
comply with the provisions of
this
section, he shall be
punishable.
Section 336 - Offences by officers
of companies in liquidation.
FINE
which
may
extend to Rs. 1 Lakh.
IMPRISONMENT for
a term which shall not
be less than 3 years but
which may extend to 5
years AND with fine
which shall not be less
than Rs. 1 Lakh but
which may extend to
Rs. 3 Lakh.
98
every
officer
of
the
company who is in default
IMPRISONMENT for a
term which shall not be less
than 1 year but which may
extend to 3 years AND with
fine which shall not be less
than Rs. 1 Lakh. but which
may extend to Rs. 3 Lakh.
99
100
Section
344-Statement
company is in liquidation
that
For
Company
Liquidator and any
receiver or manager,
101
102
103
104
IMPRISONMENT for
a term which may
extend to 6 months or
with fine which may
extend to Rs. 50,000/-,
or with both.
For
Liquidator
IMPRISONMENT for
a term which may
extend to 6 months
FINE
which
may
extend to Rs. 1 Lakh.
Company
or other
default
FINE
which
may
extend to Rs. 10,000/for every day during
which
the
default
continues.
IMPRISONMENT for a
term which may extend to 6
months or with fine which
shall not be less than Rs.
Company
Liquidator
person in
105
106
IMPRISONMENT for a
term which shall not be less
than 3 YEARS but which
may extend to 7 YEARS
AND with FINE which may
extend to RS. 10/- LAKH.
107
.
Every
Officer
of
the
company who is in default
109
.
110
for
of
Same as Company
Every
Officer
of
the
company who is in default
TWICE the amount of FINE
for such offence in addition
to any IMPRISONMENT
provided for that offence.
Every
officer
of
the
Company who is in default
FINE which shall not be less
than Rs. 1 Lakh but which
may extend to Rs. 5 Lakh.
Further the Court trying an
offence under sub-section
(1) may also order such
officer or to undergo
imprisonment for a term
which may extend to 2
years.
111
112
Any
person
contravention
provisions-
113
of
of
Regards,
CS Jeevan Innani
9890930751
who
the
Every
officer
of
the
Company who is in default
IMPRISONMENT for a
term which may extend to 6
months or with FINE which
shall not be less than Rs.
25,000/- but which may
extend to Rs. 1 Lakh or with
both.
Every Member of an
association
or
partnership
carrying
on
business
in
contravention
FINE
which
may
extend to Rs. 1 Lakh
and shall also be
personally liable for all
liabilities incurred in
such business.