Companies Act 1956 , Maenig of officers in defaults

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GOVIND BANSAL (Querist)
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09 July 2010 The govt has recnetly launched the CLSS 2010 in which the companies who have not filled due dcuments within prescribed time say for F.Y 2008-09 . It is witnessed that concerned ROC is sending SCN to even past directors , who have resigned say 4 to 5 years back & have nothing to do with companies affairs in the above fy . and not in charge of company in any capacity , would they also be covered under the Officers in Defaults

Ankur Garg

Ankur Garg (Expert)
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09 July 2010 As per my opinion old officers won't be considered as an officer in default.

However there is one exception if the default or content of notice received from ROC is connected with your old tenure with the company, then same officer may be considered as an officer in default.

For example if i was a CS of a company during the fy 2004-05 and presently not connected with the company for past 2 years. Now in case of any violation for the fy 2004-05 any default traced by ROC then ROC may consider the CS at that time as officer in default.

Wait for other expert opinions.

Regards

GOVIND BANSAL

GOVIND BANSAL (Querist)
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09 July 2010 waiting

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