Application for compounding of offence under Companies Act, 2013
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Juhee Goyal /
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07-Apr-2023 04:39 AM /
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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?
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Posted By : Juhee Goyal /
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22-Aug-2023 05:29 AM /
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Whether the concept of Alternate Director also applicable in case of Foreign Director as he is already residing outside India ?
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Posted By : Juhee Goyal /
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22-Aug-2023 05:26 AM /
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In case of appointment of Alternate Director, whether the Master Data of the Company reflects the Original Director too ?
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Posted By : Juhee Goyal /
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15-Jul-2023 04:55 AM /
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In what circumstances, special notice is required for the appointment of person other than the retiring auditor ?
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Posted By : Juhee Goyal /
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14-Jul-2023 05:05 AM /
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303 /
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What is the offer period of private placement offer cum application letter in case shares are issued on private placement basis ?
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Posted By : Juhee Goyal /
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13-Jul-2023 05:56 AM /
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507 /
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Is it possible to file the Unaudited Financial Statements of a Company, if yes, whether there is any option to file the Audited Financial Statements after filing of Unaudited Financials ?
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Posted By : Juhee Goyal /
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12-Jul-2023 05:07 AM /
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If an individual does not hold majority stake in the member company of the reporting company, whether filing of BEN-2 is applicable or not?
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Posted By : Juhee Goyal /
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28-Jun-2023 08:39 AM /
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Are there any restrictions or limitations on the number of foreign directors in an Indian Company ?
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Posted By : Juhee Goyal /
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27-Jun-2023 04:13 AM /
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Whether, any assets or liabilities for Indian party (i.e. domestic assets and liabilities) are to be included in the FLA return?
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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.