Resident directors - penalty in case of non-compliance

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Dear Experts,

To the best of my knowledge, there are no specific penalty for defaulting the obligation to appoint a resident director in a private limited company under s. 149(3) of the Companies Act, 2013. 

My view on this is therefore that s. 172, which provides for a fine between 50,000 and 5 lakhs rupees to the company and every officer in default.

Would you agree with this? 

Thank you very much in advance

Replies (3)

You can have a look at Section 450 which talks about that if any section does not describe any penality then section 450 need to be followed

In this case penalty u/s 172 will be applicable.

 

Thank you Sir for your prompt replies!


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