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Company Law : The case deals with failure to comply with the mandatory 120-day gap between Board meetings. The authority imposed penalties despi...
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The adjudicating authority held that failure to maintain the statutory register of members is a clear violation of Section 88. Such non-compliance attracts monetary penalties on both the company and its directors.
Authorities held that non-holding of Board meetings since incorporation is a serious governance lapse. Directors were personally penalised for violating mandatory meeting requirements under company law.
Failure to file AOC-4 for multiple years led to penalties under Section 137(3). The order reiterates that statutory timelines are mandatory and enforceable through adjudication.
Authorities held that failure to explain adverse audit remarks in the Directors’ Report violates statutory disclosure duties and attracts mandatory penalties.
The authority held that absence of a statutory register of members at the registered office violates Section 88. Administrative or record-keeping difficulties were not accepted as a defence, resulting in penalties on the company and directors.
The ROC imposed penalties after finding that mandatory Board Meetings were not held since incorporation. The key takeaway is that holding and documenting Board Meetings is a strict statutory obligation.
The adjudicating authority imposed penalties for a continuing failure to file statutory financial statements for FY 2020–21. The order reiterates that prolonged defaults attract monetary consequences and require mandatory rectification.
Authorities imposed statutory penalties after a company admitted failure to disclose reasons for unspent CSR amounts in its Board’s Report, holding the lapse actionable under the Companies Act.
It was ruled that failure to properly collate and maintain the register of members constitutes a clear default attracting penalties under the Companies Act, 2013.
The ROC imposed penalties for late filing of AOC-4 beyond the statutory timeline. The key takeaway is that timely filing of financial statements is mandatory, irrespective of financial difficulties.