Show Cause Notice (SCN) from ROC

[K Degaleeswaran]

Dear Members,

Recently ROC has issued Show Cause Notice to one of our group Company and also to its Directors stating "Notice for Defaults under Section 159/166/201/220 of the Companies Act, 1956".

The Company is a Listed NBFC Company hence not filed under XBRL but filed all the returns with in the time. 

In this the regard the Company has already given reply to ROC with all supportings and got acknowledgement. 

Is all Directors has to give separate reply? or the Company reply is sufficient?

Please clarify!.

with many thanks

K Degaleeswaran

[krishna ds]

Dear,

If your letter sent to ROC has a mention of all the showcause notice Numbers, it is more than enough.

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[Suchi Shah]

Dear Member,

As per section 5 of the Companies Act, 1956 every officer in default will receive a SCN from ROC. But Reply in respect of that SCN can be done jointly with Company.Only thing Directors have to do, is to sign the reply in his individual capacity who ever have received SCN from ROC.

And if the offence is Compoundable than the Application have to be filed jointly with the company, but has to be signed by directors who ever is liable.But the fine will be charged in the individual capacity of the company as well as director.

Regards,

Suchita Shah