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ROC Kolkata imposed penalties for failure to appoint the mandatory two Independent Directors within the prescribed timeline under Section 149. The order clarifies that delayed compliance after conversion into a public company invites monetary penalty under Section 172.
In a case involving delayed filing of annual returns for FY 2013–14, the ROC declined to impose penalty under Section 454. The order clarified that pre-2018 defaults fall under the fine regime, not the penalty regime, leaving compounding as the appropriate remedy.
The Registrar held that delayed filing of financial statements for FY 2013–14 occurred before decriminalisation and falls under the fine regime. Adjudication under Section 454 was declined, with liberty to seek compounding.
The Registrar of Companies penalised the company and its directors for non-compliance with Section 12 after official communication was returned undelivered. The violation was treated as a one-time offence under Section 12(8).
The adjudicating authority held that filing an e-Form with incorrect particulars attracts penalty under Section 450. Administrative rectification does not wipe out the completed contravention.
The ROC held that filing AOC-4 with incorrect company status details constitutes a violation of Rule 8(3). Rectification through GNL-1 does not eliminate liability, and penalties were imposed under Section 450.
Filing incorrect AGM date and due date in Form AOC-4 triggered adjudication proceedings under Section 454. The authority emphasized that MCA filings are public records relied upon by regulators and stakeholders. Responsibility for accuracy rests with the authorised signatory, who was held personally liable.
ROC Kolkata imposed penalties after a Whole-time Director appointment was made effective before passing the Board resolution. The five-day contravention triggered action under Section 450.
The Registrar held that appointing a CFO with retrospective effect without a prior Board resolution violates Section 179 of the Companies Act, 2013. Penalty was imposed under Section 450 as no specific punishment is prescribed for the default.
The authority found that approving financial statements before obtaining the Secretarial Audit Report contravened statutory requirements. A monetary penalty was imposed with compliance directions.