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    Application for compounding of offence under Companies Act, 2013

    Posted By : Juhee Goyal / Published on : 07-Apr-2023 04:39 AM / View : 296 / Comment : 1

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    Hi Professional!

    Whether the application to be filed to Registrar for the compounding of offences even when it is known that the maximum fine payable is less than 25 lakh and the power of compounding is with Regional Director?
    Read more on : companies under offence compounding application

    • As per the Companies Act, 2013, the power to compound offences is vested with the Regional Director (RD) or the National Company Law Tribunal (NCLT), depending on the nature and gravity of the offence committed by the company. The RD has the power to compound offences punishable with a fine of up to Rs. 25 lakhs, while offences punishable with a higher amount can only be compounded by the NCLT.

      In cases where the maximum fine payable for an offence is less than Rs. 25 lakhs and the power of compounding is with the RD, the company may file an application for compounding of the offence with the RD. The application should be made in the prescribed format and should include all the relevant details of the offence committed by the company.

      It is important to note that the compounding of an offence is a discretionary power, and the RD may accept or reject the application based on the facts and circumstances of the case.

      10-04-2023 / 10:25:06 AM
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