Violation of section 165

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

01 February 2012 A company registered in 2005 did not hold statutory meeting and filed statutory report with ROC.
The Company now wants to comply and file statutory report with ROC.
My Ques is what are the options available to the company:
1. To held statutory meeting in back date and file statutory report as on today, citing due to oversight company failed to file statutory report.
2. But if the auditors refuse to certify the statutory report in back date then what are the options available to the company. Can company held statutory meeting as on today and file statutory report as on today?
3. If meeting is held as on today than how recipts and payments would be shown?

The Company after necessary filings is ready to compound the violation of sec 165 under Sec 621A

CS SIDDHARTHA BANIK

CS SIDDHARTHA BANIK (Expert)

01 February 2012 Hi,
The best option available is to duly convene the s.meeting immediately and then file report. Thereafter, make application for compounding of the offence. Alternatively convene the s.meeting immediately and then file report and wait for ROC action.

Further, to hold S.meeting on back date and file report as on date citing false reason is a bad proposal.

Thanks,
CS Siddhartha Banik

Querist : Anonymous

Querist : Anonymous (Querist)

01 February 2012 thanks 4 ur reply..

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