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Non compliance of 123(4) of companies act 2013

Sasidhar Aruljothi (C.A FINAL) (187 Points)

29 January 2016

Guys,

The company has declared dividend. The company has not transfered the amount to a separate bank account as required under section 123(4) of the companies act 2013.

Subsequently the dividend has been paid to the shareholders from the company's bank account.

What is the penalty for non-compliance of Section 123(4)

Thanks.

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3 Replies

Venkateswar Reddy (Audit Assistant) (195 Points)
Replied 29 January 2016

Company and every officer of the company who is in default or such other person shall be punishable with fine which may extend to ten thousand rupees and where the contravention is continuing one with a further fine which may extend to one thousand rupees for every day after the first during which the contravention continues.

RISHABH ARORA (Company Secretary in Practice ) (194 Points)
Replied 29 January 2016

Originally posted by : Venkateswar Reddy
	Company and every officer of the company who is in default or such other person shall be punishable with fine which may extend to ten thousand rupees and where the contravention is continuing one with a further fine which may extend to one thousand rupees for every day after the first during which the contravention continues.