Compounding of Offences – Test 1

Who may establish Special Courts for the purpose of providing speedy trial of offences u/s 435 of Companies Act, 2013?

Who shall be appointed in Special Court for trial of offences punishable under Companies Act, 2013 wit imprisonment of two years or more?

Who shall appoint the judge and Magistrate of the Special Court establish under Companies Act, 2013?

The Special Court may, if it thinks fit, try in a summary way any offence under this Act which is punishable with imprisonment for a term not exceeding _________.

In case of government companies, court shall take cognizance of an offence under this Act which is alleged to have been committed by any company or any officer thereof, on the written complaint of ___________.

All offences under the Companies Act, 2013 are ________ except offences covered under _______ of the Act.

Which of the following offences may be compounded as per Sec. 441 of Companies Act, 2013?

Which of the following offences may not be compounded as per Sec. 441 of Companies Act, 2013?

Where the maximum amount of fine which may be imposed for any offence exceed 5 lakhs, such offence shall be compounded by ___________.

An offence may be compounded by the Regional Director or any officer authorized by the Central Government, where the maximum amount of fine which may be imposed for such offence does not exceed ________.

Provisions of Sec. 441(1) shall not apply to an offence committed by a company or its officer within a period of ________ from the date on which a similar offence committed by it or him was compounded under this section.

Every application for the compounding of an offence shall be made to _______ who shall forward the same, together with his comments thereon, to the Authority having the power to compound the offence.

Where any offence is compounded under this section, whether before or after the institution of any prosecution, intimation thereof shall be given by the company to the Registrar within _______ from the date on which the offence is so compounded.

Which of the following offence are compoundable?

1. Failure to hold the annual general meeting of the company.
2. Failure to file copies of annual accounts with the Registrar of Companies.
3. Acceptance of deposits in excess of the prescribed limits and
4. Non-distribution of dividend to the members within the prescribed time.

Choose the correct one:

Any officer or other employee of the company who fails to comply with any order made by the Tribunal or the Regional Directors or any officer authorized by the Central Government u/s 441(4) shall be punishable with _______.

Who shall maintain a panel of experts to be called as the Mediation and Conciliation Panel?

Any party aggrieved by there commendation of the Mediation and Conciliation Panel may file objections to the __________.

Application for mediation and conciliation can be made by:

1. Any parties to the proceedings.
2. The Registrar
3. The Central Government or the Tribunal or the Appellate Tribunal before which any proceeding is pending may, suo motu refer any matter pertaining to such proceeding to such number of experts as it may deem fit.

Choose the correct one:

Four the purpose of Sec. 438 of Companies Act, 2013, the Special shall be deemed to be _________.

Any offence committed under Companies Act, 2013, which is triable by a Special Court shall, until a Special Court is established, be tried by __________.

Company prosecutors many be appointed for the conduct of prosecutions arising out of Companies Act, 2013. Who may appoint such company prosecutors?

The court or the special Court, while deciding the amount of fine or imprisonment under Companies Act, 2013, shall have due regard to which of the following factors:

If a OPC or a small company fails to comply with the provisions of  sec. 92(5), 117(2) or 137 (3), such company and officer in default of such company shall be punishable with fine imprisonment or fine and imprisonment, as the case may be which shall not be more than _______ of the fine or imprisonment or fine and imprisonment, as the case may be, of the minimum or maximum fine or imprisonment or fine imprisonment, as the case may be, specified in such sections.

_________ may, by an order published in the Official Gazette, appoint as many officers as adjudicating officers for adjudging penalty under the provisions of Companies Act, 2013 in the prescribed manner.

Under Section 454 of Companies Act, 2013, before adjudging penalty, the adjudicating officer shall issue a written notice to the company and to every officer of the company who is in default, to show cause, within such period as may be specified in the notice, why the inquiry should not be held against him. Such period shall not be less than _______ and more than _______ from the date of service thereon.

All sums realized by way of penalties under the Companies Act, 2013 shall be credited to ________.

Any person aggrieved by an order made by the adjudicating may prefer an appeal to _________ having jurisdiction in the matter.

Any person aggrieved by an order made by the adjudicating may prefer an appeal. Every appeal shall be filled within _______ from the date on which the copy of the order made by the adjudicating officer is received by the aggrieved person.

Where company does not pay the penalty imposed by the adjudication officer or the Regional Director within a period of _________ from the date of the receipt of the copy of the order, the company shall be punishable with fine which shall not be less than _________ but which may extend to _________.

Where an officer of a company who is in default does not pay the penalty within a period of 90 days from the date of the receipt of the copy of the order, such officer shall be punishable with

1. fine which shall not be less than 25,000 but which may extend to 1 lakh.
2. imprisonment which may extend to 6 months.

Choose the correct one-