Compounding Application for non compliance of Sec 383 A

[Alka]

Dear Sirs,

 

I wanted your help regarding the Compounding application under sec 383A for non appointment of Company Secretary.

I have prepared the petition as per our draft but I am not able to figure out how the process of filing works out.

Please let me know whether we have to file the petition first with the RD or File form 61 with ROC.  It would be really helpful if someone can give some details on the procedure of filing Compounding Application.

 

Thanks & regards,

Alka

[Jayashree Chandrasekaran]

Dear Alka,
First file Form 61....then the procedure is
if the penal provisions talks of imprisonmnet then the body to be
approached is CLB
and if only penal provisions and the penalty works out less than
50,000...then you should approach the RD
Are you going in for compounding based on Notice recd?
Jayashree

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[Alka]

Dear Jayashree,

Thanks for your reply....We are going for compounding suo moto. We did not
receive and notice from ROC.

Regards,
Alka

[kartheek CN]

Dear Alka,

Kindly note that this is only a suggestion.

I would suggest that the compounding application is not necessary for not complying with the provisions of 383A as you have not received any representation or show cause notice from the ministry.

Till now as per my experience goes there have been least of the show cause notices issued for not appointing CS according to Section 383A.

The ministry is aware of the demand supply issue as the number of Companies outnumber the number of professionals in the market.

Any application filed will result in unnecessary interaction and fees to the ministry.

Please note that this is only an opinion.

Contrary views of learned members are solicited.

-- 
C.N.Kartheek
karth...@gmail.com 

C.N.Kartheek
karth...@gmail.com

[ramela rangasamy]

Dear Friend,

But in case the company undergoes any due diligence audit by any audit firm on any grounds like sale, purchase or takeover of the company by any other new comer, the investors may necessitate for it. At that time, the company may face trouble. In order to avoid better to go for compounding now itself. Everything is depends upon the Management of the Company.

R.Ramela

---

From: kartheek CN <kartheek...@gmail.com>
To: csmy...@googlegroups.com
Sent: Thursday, 10 May 2012 9:28 AM

[CS A Rengarajan]

Please note that many companies are not following non compliance and when any company is able to pay salary for cs, they can appoint them.

 

Loss making companies may take stand that they are not in a position to engage cs

 

Let us follow compliance

 

Governance starts from home

 

Regards

PROUD TO BE MEMBER OF COMPANY SECRETARY BENEVOLENT FUND

- 

CS A  RENGARAJAN,, B.Com ,FCS, LLB, PGDBM
Company Secretary, Chennai
email csarengarajan@gmail.com

http://www.csarengarajan.blogspot.com

http://companysecretarytalent.blogspot.com/

http://companysecretarybenevolentfund.blogspot.com/

http://csvacancies.blogspot.com/

mobile 093810 11200
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[rij...@gmail.com]

Dear professional colleagues,

Greetings!!!

Would advise not to go for such noncompliances sue motto applications to CLB till notices arrive. Offence shall continue still appointment of company secretary. If appointed company secretary, await for the notice. As far notice for such will not be received if at all u r a listed company.

The above is written only on a mere experience in field, learned members may correct or advise if i m not in line.

Regards,

CSRiju
+919600064707

mystery

**
*PROUD TO BE MEMBER OF COMPANY SECRETARY BENEVOLENT FUND*
*- *

CS A RENGARAJAN,, B.Com ,FCS, LLB, PGDBM
Company Secretary, Chennai

email csarengarajan@ <csaren...@gmail.com>gmail.com

http://www.csarengarajan.blogspot.com
http://companysecretarytalent.blogspot.com/
http://companysecretarybenevolentfund.blogspot.com/
http://csvacancies.blogspot.com/
mobile 093810 11200
SHARING KNOWLEDGE SKY IS THE LIMIT

This mail and its attachments (if any) are confidential information
intended for persons to whom the email is planned for delivery by the
sender. If you have received this mail in error please notify the sender of
the error by forwarding the email and its attachments (if any) and then
deleting the mail received in error and the relevant email trail in this
connection without making any copies or taking any prints.

[Alka]

Dear all,

Please guide me about the filing of Form 61 for compounding of offence for
non compliance of Sec 383 A. Please guide regarding the following:

1. Affidavits and Indemnity bonds of foreign Directors to be stamped in US?

2. the compounding application will be signed by all the four directors
among them two are Indian and two are US national. Does this also needs to
be notarised from US??

3. Attachments of Form 61.

4.We received a comment from ROC before approval of merger, which asked to
go for compounding. Does this amount to Notice? If not, how and when is
notice received.

5. Is filing of form 61 to be done after appointment of Company Secretary.

Kindly share your experiences and guide me.

Thanks,

[Alka]

Dear all,

Please guide me about the filing of Form 61 for compounding of offence for
non compliance of Sec 383 A. Please guide regarding the following:

1. Affidavits and Indemnity bonds of foreign Directors to be stamped in US?

2. the compounding application will be signed by all the four directors
among them two are Indian and two are US national. Does this also needs to
be notarised from US??

3. Attachments of Form 61.

4.We received a comment from ROC before approval of merger, which asked to
go for compounding. Does this amount to Notice? If not, how and when is
notice received.

5. Is filing of form 61 to be done after appointment of Company Secretary.

Kindly share your experiences and guide me.

Thanks,

Alka






-----Original Message-----
From: csmy...@googlegroups.com [mailto:csmy...@googlegroups.com] On Behalf

Of rij...@gmail.com
Sent: 12 May 2012 23:16
To: csmy...@googlegroups.com; csmy...@googlegroups.com