offences compounding documents required
Hi Everyone,
There is one trademark application where the limit of one month has passed. Can we file for an extension? If yes, please let me know the procedure and eligibility, if any.
Dear Colleagues,
Opinions are invited on below mentioned query.
Which radio button to be selected from the following in e-form INC-22 while changing registered office from Secunderabad to Hyderabad :
1. Change in ROC within the same state
(Name of office of Existing ROC - ROC Hyderabad
Name of new ROC- ROC - Telangana)
OR
2. Change within local limits of city, town or village.
Even in this case, change is showing in the form from existing ROC Hyderabad to ROC- Telangana.
hyderabad secunderabad change office registered
A section 8 company is Incorporated , object is they will fund education of School kids n ol.
They want to take monthly donation from random public 500/- each monthly and with that it will fund the object. My question is:
1. Can a section 8 company accept such donation?
2. If yes, what are the compliance requirements?
Hello,
What is the procedure for a company to register a immovable property in its name if the property is currently belongs to another person who is not a shareholder of a company but he wants to be a shareholder of the company. The company has authorized and paid up capital of ? 1lac. Do we need to increase authorized capital and paid up capital of the company or transfer existing shares to the new person SH -4 will be enough? Please advise
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company property immovable bringing shareholder
Hello,
What is the procedure for a company to register a immovable property in its name if the property is currently belongs to another person who is not a shareholder of a company but he wants to be a shareholder of the company. The company has authorized and paid up capital of ? 1lac. Do we need to increase authorized capital and paid up capital of the company or transfer existing shares to the new person SH -4 will be enough? Please advise
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company property immovable bringing shareholder
Dear All,
With reference of the aforementioned subject, Kindly guide me where to check for GSTIN as no mail and sms has been received.
Thanks and Regards
Dear All,
Greetings of the day..
Please guide on the following:
A Pvt. Ltd Company had two Directors and one director resigned in August 2020. Only one director is there in company since then.
My question is what will be the consequences of having only one director in a Pvt. Ltd. company as the company wants to appoint a new director from the current date.
Dear Colleagues,
Request to accord inputs on below mentioned query :
Whether consolidation of Shares ( Compiling 12 Share Certificates into 1 Share Certificate) can be done ? If yes, post consolidation, Split of Share Certificate in the denomination as requested by the Shareholder and approved by the Board can be effected ? Considering Rule 6(1)(c) of the Companies(Share Capital and Debentures) Rules, 2014, the same can be done. Opinions are invited in this regard please.
PFA Share Certificates, the manner in which details will be filled complying the Companies Act.
Opinions are invited in this regard please.
shares split followed consolidation 
Compounding of Offence for not holding Annual General Meeting(AGM)
Compounding of offence means a mechanism wherein the defaulter company settles default by paying the money in lie of prosecution avoiding prolonged litigation. Compounding of offence is not defined under the Companies Act, 2013 but the general meaning for Compounding of offence is “Doing Good the default or Non-Compliance”. There are many sections in companies act 2013 where compounding of offence can be opted.Compounding of Offence for not holding Annual General Meeting (AGM) is also possible. Basically there are two types of Offences as below:
Compoundable offence:
Compoundable offence means where the complainant who has filed the case enter into a promise and agrees to charges with an intention of settlement. They are of less serious nature.
Non Compoundable offence:
Non-compoundable offence means the offence which are of serious nature and cannot be compounded with a settlement. Thus under the Companies Act, 2013 there are few matters wherein compounding of offence can be availed in order to settle the default.
Annual General Meeting means a meeting which is held once in every year by every Company registered under Companies Act, 2013 except One Person Company (OPC). As per section 96 of the Companies Act 2013, every company shall hold Annual General Meeting (AGM) once in year.
Due date of Annual General Meeting how to identify
Sr No
Situation
Due Date for AGM
1
1st Annual General Meeting (AGM)
Within 9 months from the date of closure of financial year end.
2
For Existing Company
Within 6 months from the date of Closure of Financial year end.
3
Income Tax Return when filed even if the company is registered on or after 1st January of that financial year.
Within 6 months from the date of Closure of Financial year end.
Compounding of Offence for not holding "Annual General Meeting"
If the Annual General Meeting is not held within the due date as mentioned above without applying for extension of AGM with the Registrar of Companies then the company will have to apply for compounding of offence with the National Company Law Tribunal (NCLT). Section 441 of the Companies Act, 2013 deals with the compounding of offence. The offences which are punishable with fines and penalties can only be compounded either by Regional Director (hereinafter called “RD”) or by the National Company Law Tribunal (NCLT).
Followings Situations For compounding of offence-
Situation 1: Fine less than 5 lakhs
Where the fine is less than 5 lakhs, such offences can be compounded by the Regional Director or any other officer as may be prescribed by the central government.
Situation 2: Fine more than 5 lakhs
Where the fine is more than 5 lakhs, such offence can be compounded only by the National Company Law Tribunal (NCLT)
Compounding of Offence for not holding Annual General Meeting
Section 403 read with Rule 12 of Companies (Registration Offices and Fees) Rules, 2014, deals with compounding of offence for not holding Annual General Meeting.
Step 1: Default is mandatory
In case of Compounding of offence for not holding Annual General Meeting the first and foremost step is default.
Step 2: File form GNL-1
File form GNL-1 with the Registrar of Companies whereby the offence fine is less than Rs 5 lakhs.
Step 3: Forward to Regional Director
Upon receipt of form GNL-1 by the Company the ROC shall forward the same to the concerned Regional Director.
Step 4: Hearing of both the parties
Once the Regional Director approves the form, the next step is hearing of both the parties and settlement through fine.
Refer to the below documents for help and modify accordingly as per
Compounding of offences U/s 441 of Companies Act, 2013
4.pdf
19314_289192_format.pdf
APPLICATION_FOR_COMPOUNDING_OF_OFFENCE_TO_BE_MADE_TO_THE_ROC[1].doc