Wrong information filled in form 2 with roc
This query is : Resolved
28 June 2013
Dear sir,
I have wrongly submitted form 2 with roc along with wrong information. (Rs 10 per share is correct but i have wongly submiited with Rs.100)please tell me now what i can do.
thanking you
I have wrongly submitted form 2 with roc along with wrong information. (Rs 10 per share is correct but i have wongly submiited with Rs.100)please tell me now what i can do.
thanking you
03 July 2013
Section 628 provides that if in any return, report, certificate, balance-sheet, prospectus, statement or other document required by or for the purposes of any of the provisions of this Act, any person makes a statement:—
(a) which is false in any material particular, knowing it to be false; or
(b) which omits any material fact knowing it to be material;
he shall, save as otherwise expressly provided in this Act, be punishable with imprisonment for a term which may extend to two years, and shall also be liable to fine.
Where wrong information was furnished by company to office of Registrar, only person, who gave wrong information, was liable to be prosecuted under section 628 and prosecution of other directors or managing director would be illegal. [Vijay Kumar Gupta v Registrar of Companies (2003) CLC 777 (HP)].
Offence if any committed by the agent cannot be passed on to the principal because such vicarious liability under criminal law does not arise between the agent and principal. [Ramakrishna Raja v Registrar of Companies (2005) 123 Comp Cas 319 (Mad)].
Section 628 provides that if in any return, report, certificate, balance-sheet, prospectus, statement or other document required by or for the purposes of any of the provisions of this Act, any person makes a statement:—
(a) which is false in any material particular, knowing it to be false; or
(b) which omits any material fact knowing it to be material;
he shall, save as otherwise expressly provided in this Act, be punishable with imprisonment for a term which may extend to two years, and shall also be liable to fine.
Where wrong information was furnished by company to office of Registrar, only person, who gave wrong information, was liable to be prosecuted under section 628 and prosecution of other directors or managing director would be illegal. [Vijay Kumar Gupta v Registrar of Companies (2003) CLC 777 (HP)].
Offence if any committed by the agent cannot be passed on to the principal because such vicarious liability under criminal law does not arise between the agent and principal. [Ramakrishna Raja v Registrar of Companies (2005) 123 Comp Cas 319 (Mad)].
03 July 2013
Penalty in case where no specific penalty is provided elsewhere in the Act
If a company or any other person contravenes any provision of the Companies Act, for which no specific punishment is provided elsewhere in this Act or any condition, limitation or restriction subject to which any approval, sanction, consent, confirmation, recognition, direction or exemption in relation to any matter has been accorded, given or granted, the company and every officer of the company who is in default or such other person shall be punishable with fine which may extend to Rs. 5,000 and where the contravention is a continuing one, with a further fine, which may extend to Rs. 500 for every day after the first during which the contravention continues.
Penalty in case where no specific penalty is provided elsewhere in the Act
If a company or any other person contravenes any provision of the Companies Act, for which no specific punishment is provided elsewhere in this Act or any condition, limitation or restriction subject to which any approval, sanction, consent, confirmation, recognition, direction or exemption in relation to any matter has been accorded, given or granted, the company and every officer of the company who is in default or such other person shall be punishable with fine which may extend to Rs. 5,000 and where the contravention is a continuing one, with a further fine, which may extend to Rs. 500 for every day after the first during which the contravention continues.
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