namrata (company secretary ) (422 Points)
07 October 2011Dear Freinds,
Please help me out with this...
Ours is a pvt ltd company who has entered into contract u/s 297 without the CG approval for continous period of 2008-09 & 2009-10 which is an compoundable offence u/s 621.
Please tel me the procedure and forms required to be filed for the said purpose and also the format of applications if any for the same.
Its very urgent...
Thanks in advance...
Regards
Namrata Pai
Syam kamal
(Company Secretary)
(156 Points)
Replied 07 October 2011
You have to prepare a compounding petition. I don’t have the specimen of the application but precisely it contains the following:
1. Name of the Company
2. Date of Incorporation and registration number of the Company
3. Registered Office of the Company
4. Details of the applicant
5. Capital Structure of the Company
6. Present business of the Company
7. Facts of the Case
8. Commission of offence
9. Reasons for the Commission of offence
10. Absence of Mens Rea
11. Compoundable nature of offence
12. Admission of offence
13. Period of offence and present status
14. State whether a Continuing offence
15. Nature and extend of penalty for the offence
16. Declaration regarding matters not previously filed or pending before any court of authority
17. Prayer
File e-form 61 with the above petition, an affidavit verifying the above petition and a Power of Attorney as attachments.
Ensure that a report in this regard goes from ROC to the compounding authority. After that the petition will be heard and compounding order will be passed.
File the compounding order with ROC in form 21. Pay the necessary compounding fee.
CAclubindia
