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Non-filing of AGM proceedings with financials – MCA imposes penalty

May 18, 2023 15177 Views 1 comment Print

MCA imposes penalty under section 378ZA(10) of section 378ZA(10) of Companies Act, 2013 as company failed to file proceedings of the annual general meeting, along with report of Board of Directors, audited balance sheet, and profit and loss statements.

Registrar of Companies Imposes INR 2 Crore Penalty for Violation of Section 42

May 18, 2023 59010 Views 0 comment Print

The Registrar of Companies, Hyderabad recently imposed a penalty of INR 2,00,00,000/- (Two Crore only) on a company and its officer in default. Additionally, the company has been directed to refund all the money accepted in violation of section 42 of the Act, along with interest. The penalty was imposed because the company failed to […]

Violation of Section 42 of Companies Act, 2013- MCA imposes penalty

May 18, 2023 3345 Views 0 comment Print

Company had issued a private placement offer letter before filing the relevant special resolution in the registry, which is a violation of Section 42(3) of the Companies Act, 2013, read with Rule 14(8) of the Companies (Prospectus and Allotment of Securities) Rules, 2014.

No Violation by IP if participation fee was not a deterrent for prospective resolution applicant: IBBI

May 18, 2023 810 Views 0 comment Print

The IP submitted that in order to realize the maximum value for all stakeholders, the liquidator is maintaining the business of the CD on going concern basis as recommended by the CoC. He submitted that the CD was intended to be liquidated as a going concern through e auction mode as provided in IBBI (Liquidation […]

IBBI directs inspection of fees charged by IP in all liquidation processes handled by him

May 18, 2023 927 Views 0 comment Print

IBBI observed that Mr. Amit Gupta has charged the excess fess as the liquidator of the CD and held the prima facie view that he has inter alia violated section 35(1)(d) & (o) and 208(2)(a) & (e), regulation 4(2) of the Liquidation Regulations and regulation 7(2)(h) of IP Regulations read with clauses 1, 3 and […]

ROC Imposes Penalty on Company for Failure to Meet CSR Obligations

May 17, 2023 29868 Views 0 comment Print

The Registrar of Companies (ROC) in Delhi has recently imposed penalties on a company, including its Independent Directors (ID) and Non-Executive Directors (NED), for violations related to the Corporate Social Responsibility (CSR) provisions under Section 135(5) of the Companies Act, 2013. The case involves the company’s failure to spend the required amount on CSR activities […]

All directors except KMP not holding board position liable for CSR Violations

May 17, 2023 1848 Views 0 comment Print

KMPs who did not hold Board positions would not be liable under section 135. But all the directors as on that relevant date would be liable on account of the failure to discharge an obligation cast upon them by the law.

MCA Levies ₹3.75 Lakh Penalty for 2708-Day Delay in Internal Auditor Appointment

May 17, 2023 519 Views 0 comment Print

ROC Hyderabad penalizes Thrissur Expressway Limited and its officers Rs. 3.75 Lakhs for not appointing an internal auditor, violating Section 138 of Companies Act.

Delay in Appointment of Whole Time KMP: MCA imposes ₹30.33 Lakh Penalty

May 17, 2023 492 Views 0 comment Print

Thrissur Expressway Limited fined Rs. 30,33,200 for delays in appointing key managerial personnel as per Section 203 of the Companies Act, 2013.

IBBI directs Registered Valuer to be cautious in preparation of valuation report

May 17, 2023 870 Views 0 comment Print

IBBI disposes of SCN with the direction to RV to be cautious in preparation of valuation report. He should henceforth endeavour to record all the relevant facts in the report itself.

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