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Sec 161(2) of companies act 2013 and filing of returns read

pavan (practicing CA) (25 Points)

26 November 2015  

an alternate director was appointed in 2012-13 where the original director is out of India during these 3 years i.e 2013-2015 the original director has came to to india for 3-4 times.. as per new CA act 2013. when ever the original director came to India then alternate dir. shall vacate the office..

As per CA act 1956. when ever the original director came to state in which board meetings ordinally held then alternate dir. shall vacate the office. in the present company

Alternate director continued the office since 2, 3 years. he did not vacate office whenever original director comes to INDIA OR state(old ACt) now what should to be done to make compliance with law..should DIR 11 be filed for vacation of office by alternate director for the every visit(4 visits during last 3 years) by original director..

How much additional fees or penalty should be paid please let me know.


 2 Replies

Radhika (Company Secretary) (303 Points)
Replied 28 November 2015

Practically, YES.  Forms will have to be filed for each and every time because he is deemed to have vacated his office as soon as the original director returns to India.

pavan (practicing CA) (25 Points)
Replied 28 November 2015

thanks Radhika

 I would like to know whether penalty should be paid or not.If yes,under which section penalty has to be paid. 

to  the extent I had got to know u/s 403 Additional fees has to be paid,,

but I had to know that whether penalty should be paid or not.


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