Compounding offence

Others 2612 views 6 replies

Mohit Sureka

CS final CA

213 Points Joined May 2008

My company wants to compound an offence relating to minimum no. of directors (in AOA mentioned 4). but during the last 3 yrs the no. of directors were 2 or 3. we would like to pay the fine & get it done with. should i go to ROC with a letter or just mail them asking to compound the offence. Plz help, vry little practical exp with ROC work ???

Replies (6)

Mohit Sureka

CS final CA

213 Points Joined May 2008

ne suggestions ?

Jagruti (CS)

Service

1953 Points Joined May 2008

for this go through the below link:

https://www.mca.gov.in/MinistryWebsite/dca/help/instructionkit/1050-Form61_help.PDF

CA NP Mathi Lingan

Practising Chartered Accountant

98 Points Joined March 2008

Dear Mohit an Application u/s 621 A for compounding of offence can be made before the REGIONAL DIRECTOR, THROUGH THE REGISTRAR OF COMPANIES, DEPARTMENT OF COMPANY AFFAIRS.

CA NP Mathi Lingan

Practising Chartered Accountant

98 Points Joined March 2008

The application have to be made online in E-Form 61 along with an affidavit for verification of the content of the application in a non judicial stamp paper of appropriate value in the following format:

BEFORE THE COMPANY LAW BOARD, _______ REGIONAL BENCH,

IN THE MATTER OF THE COMPANIES ACT, 1956, SECTION 621A

And

IN THE MATTER OF M/S_______

Regd Office: ________

_______ Petitioner

Versus

THE REGISTRAR OF COMPANIES

______ Respondent

AFFIDAVIT OF SHRI________

I, _______, son/wife of Mr____, aged about __ years, residing at __________ do hereby solemnly affirm sincerely and state as follows :

I am the Whole-time Director/Company Secretary of the Petitioner Company and am fully acquainted with the facts of the case.

I submit that I have verified the contents of the Compounding Application in Form 61 and it is true and correct to the best of my knowledge and belief.

Wholetime Director

XXX Limited

Solemnly Affirmed At Chennai

On this ___^th day of ______

BEFORE ME

Place:

Date: