Companies Act 1956 , Maenig of officers in defaults
This query is : Resolved
GOVIND BANSAL
(Querist)
09 July 2010
The govt has recnetly launched the CLSS 2010 in which the companies who have not filled due dcuments within prescribed time say for F.Y 2008-09 . It is witnessed that concerned ROC is sending SCN to even past directors , who have resigned say 4 to 5 years back & have nothing to do with companies affairs in the above fy . and not in charge of company in any capacity , would they also be covered under the Officers in Defaults
Ankur Garg
(Expert)
09 July 2010
As per my opinion old officers won't be considered as an officer in default.
However there is one exception if the default or content of notice received from ROC is connected with your old tenure with the company, then same officer may be considered as an officer in default.
For example if i was a CS of a company during the fy 2004-05 and presently not connected with the company for past 2 years. Now in case of any violation for the fy 2004-05 any default traced by ROC then ROC may consider the CS at that time as officer in default.
Wait for other expert opinions.
Regards
However there is one exception if the default or content of notice received from ROC is connected with your old tenure with the company, then same officer may be considered as an officer in default.
For example if i was a CS of a company during the fy 2004-05 and presently not connected with the company for past 2 years. Now in case of any violation for the fy 2004-05 any default traced by ROC then ROC may consider the CS at that time as officer in default.
Wait for other expert opinions.
Regards
GOVIND BANSAL
(Querist)
09 July 2010
waiting
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