Sec. 5
This query is : Resolved
24 February 2012
Dear Experts....
Can anyone explain me in detail about Sec. 5 Meaning of officer in default.
what if d Company does not have a managing director, whole-time director or manager.?
Thanks & Regards,
Siddhi
Can anyone explain me in detail about Sec. 5 Meaning of officer in default.
what if d Company does not have a managing director, whole-time director or manager.?
Thanks & Regards,
Siddhi
24 February 2012
Section 5 of the Companies Act provides a list of officers of a company who are defined as "officers in default" so that those in charge of management or who have been charged with the responsibility of complying with any of the provisions of the Act are held responsible for any contravention of the Act. A Managing Director of a company is also included in this list of officers who are liable for the defaults and lapses of the company. The other officers in this list are Whole-time Directors, Manager, Company Secretary and certain other specified persons
In case a company does not have any Managing Director, Whole-time Directors or Manager, then any director or directors specified by the board of directors will be liable as officers in default. If no director has been specified then all the directors of the company will be liable as officers in default. In the case of Ravindra Narayan v. Registrar of Companies, Rajasthan it was held by the high court of Rajasthan that ordinary directors of a company will be liable as "officers in default" only if the company does not have any Managing Director or whole time directors or managers or a company secretary. The DCA has by a circular indicated that this interpretation given by the High Court of Rajasthan is correct. This position has also been reaffirmed by a decision of the Andhra Pradesh High Court in which it was held that the criminal liability of ordinary directors would arise only in respect of a company which has no Managing Director or a Whole-time Director or a Manager and where particular Directors are not specified to be liable by the company.
In case a company does not have any Managing Director, Whole-time Directors or Manager, then any director or directors specified by the board of directors will be liable as officers in default. If no director has been specified then all the directors of the company will be liable as officers in default. In the case of Ravindra Narayan v. Registrar of Companies, Rajasthan it was held by the high court of Rajasthan that ordinary directors of a company will be liable as "officers in default" only if the company does not have any Managing Director or whole time directors or managers or a company secretary. The DCA has by a circular indicated that this interpretation given by the High Court of Rajasthan is correct. This position has also been reaffirmed by a decision of the Andhra Pradesh High Court in which it was held that the criminal liability of ordinary directors would arise only in respect of a company which has no Managing Director or a Whole-time Director or a Manager and where particular Directors are not specified to be liable by the company.
24 February 2012
The Company whose paid up capital is or more than 5 crores is required to appoint Managing Director or WTD or Manager and Company Secretary.
If the Company have MD , WTD or Manager and CS,
then the abovementioned officers sahll be the officer in default..
otherwise directors shall be officers in default....
If the Company have MD , WTD or Manager and CS,
then the abovementioned officers sahll be the officer in default..
otherwise directors shall be officers in default....
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Unanswered Queries
- Is this income indian or foreign income?
- ITC temporary reversal and reclaim
- GST on export of services and Input Credit
- RCM applicability on Rent Paid by Registered Person to Unregistered Landlord for Residental Building
- Applicable TDS rate for sale of property in Nov 2024
- Inventory of finished goods
- Tds on building rent monthly
- RCM INVOICING FROM NOV-2024
- Should I report my US salary for January, February, March in Schedule FA?
- Can we claim ITC of Feb-2024 in the month of November-2024 which was not claimed by oversight
- LAST YEAR 2022-23 ITC IN NEXT YEAR 2023-24 REPORITNG IN GSTR-9
- MIS MATCH OF INVOICE NUMBER
- IGST Credit-Show cause notice issued-confusion
- Issue of gst e invoice
- How to adjusted advances given or receipt
- Foreign vendor without PAN unable to to register due to non receipt of OTP on foreign number ?
- 133(6) DIN INVALID format error - ->WHERE TO REPLY 133(6) notice?
- Query for dubts
- Regarding einvoice taken on nil rated sales
- Strategical investment in Public listed company
Trending Online Classes
CAclubindia
