Penalty 4 acting as Director widout qualification shares

A person does not holds qualification shares even after 2 months of his being appointed as Director.His office as Director becomes void but he still continues to act as director. What is the penalty ?

1. Rs. 5000/- per day as per section 283 (2A)

2. Rs. 500/- per day as per section 272

3 Rs. 5,500/- combination of both.

 

Replies (4)

if the articles provides for holding the qualification shares for being appointed as director, then he should take qualification shares.i hope in your case the articles provide for the same.

in that case, i think the penalty should be under both the sections

First know Company is private or Public as Section 272 is not applicable to Private Company than only Section 283 penalty will be applicable till he continues as Director.

 

For public Company both the Section 272 & 283 will be applicable i.e. 5500 per day till he continues to act as director after 2 months

 

However, both the above penalty is applicable only if Director is liable to hold qualification shares as per Articles otherwise not.

agree with jagruti

Originally posted by : Jagruti (CS)

First know Company is private or Public as Section 272 is not applicable to Private Company than only Section 283 penalty will be applicable till he continues as Director.

 

For public Company both the Section 272 & 283 will be applicable i.e. 5500 per day till he continues to act as director after 2 months

 

However, both the above penalty is applicable only if Director is liable to hold qualification shares as per Articles otherwise not.

 

Agree and the penalty would be counted from the day of expiry of that 2 month period till he continues as director.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
10 October 2026
Accounts Associate Level 1

Abic and Mani Chartered Accountants

Kottayam

B.Com

View Details
Company
08 October 2026
Account Executive

Elite Taxation

New Delhi

CA Foundation

View Details
Company
Featured 03 October 2026
Accountant

A P Lodha and Associates

Jalna

B.Com

View Details
Company
12 October 2026
AUDIT , ACCOUNTS AND TAXATION

KDSS

New Delhi

B.Com

View Details
Company
15 October 2026
Senior Accountant

Continental Belting Pvt Ltd

Mumbai

B.Com

View Details
Company
07 October 2026
Senior Account Manager

Amplio Invest

Mumbai

M.Com

View Details
Company
ARTICLESHIP 07 October 2026
Article Assistant

Malhotra Rajesh & Associates

New Delhi

B.Com

View Details
Company
16 October 2026
CA article trainee

Zerdi & Co. Chartered Accountants

Pune

CA Inter

View Details