Compounding of offence under section 92/137 of Companies Act, 2013

[Meenal Dudeja]

Dear Members, 

If company fails to file their ROC returns in FY 2015-16 and 2016-17 but now in August, 2018 both year filing was done.

Now, is it mandatory to file a application in relation to delay in filing of more than 300 days and compound of offence with ROC under section 92 and 137 of Companies, Act 2013.

If yes, is application is to be filed to ROC or NCLT. Please share draft of the same for reference purpose only. 

Thanks & regards, 

[Pcs_sandip Lathiya]

You can't file Compounding application untill and Unless Roc is not start proceedings on your company and ask for Panelty.

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[Kumar Gaurav]

Sandip Sir,

Please confirm whether we can file the suo moto compounding application in such referred case or not?

It seems there is no bar on filing of suo moto compounding application so we can go for the same.

Please confirm.

Regards

Gaurav

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[Tanvi Aggarwal]

Yes obviously

On Fri, 7 Sep 2018, 9:16 pm Kumar Gaurav, <kumarr...@gmail.com> wrote:

Sandip Sir,

Please confirm whether we can file the suo moto compounding application in such referred case or not?

It seems there is no bar on filing of suo moto compounding application so we can go for the same.

Please confirm.

Regards

Gaurav

On Fri, Sep 7, 2018 at 6:00 AM, Pcs_sandip Lathiya <pcssa...@gmail.com> wrote:

You can't file Compounding application untill and Unless Roc is not start proceedings on your company and ask for Panelty.

On Wed 5 Sep, 2018, 1:05 PM Meenal Dudeja, <meenal...@gmail.com> wrote:

Dear Members, 

If company fails to file their ROC returns in FY 2015-16 and 2016-17 but now in August, 2018 both year filing was done.

Now, is it mandatory to file a application in relation to delay in filing of more than 300 days and compound of offence with ROC under section 92 and 137 of Companies, Act 2013.

If yes, is application is to be filed to ROC or NCLT. Please share draft of the same for reference purpose only. 

Thanks & regards, 

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[CS Hariom Patidar]

You can go via- suo-moto.  

 

Procedure of compounding of offence:

·        An application for compounding of offence has to be made before the office of the Registrar of Companies where the registered office of the company is situated. A Form GNL-1 has to be filed with ROC along with the following attachments:

·        Board resolution passed for making an application.

·        Detailed application giving the general profile and history of the company, facts of the case like nature of offence and period of default, details about making the default good, prayer for compounding etc.

·        Copy of notice received from ROC. (Not applicable in case compounding application is made suo moto.

·        The office of the Registrar of Companies shall, after going through the contents of the application shall calculate the maximum amount of penalty that can be imposed for violation of provision of the Act, forward the application to office of RD or CLB/Tribunal, as the case may.

·        Office of RD/ CLB/Tribunal shall fix the date and time of personal hearing for the company or officer of the company who is seeking compounding of offence.

·        After hearing the matter, RD/CLB/Tribunal shall pass an order compounding the offence.

Thanks & Regards,

CS Hariom Patidar

[CS PUJA MOHAN]

well explained .

so the fees will be submitted after rd approval

Yes obviously

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