Section 297 of the Companies Act

Heaven 2011 (Querist) 04 March 2010 This query is : Resolved
Respected all,
I have opined in a specific case regrading offence under section 297 of the Companies Act that releif under section 633 may be available to the concerned director. While no exemption of Section 297 even were applicable to the concerned case i find it better to take shelter u/s 633. If it is proved subject to having appropriate evidence that the default on the part of the Director was not intentional and that the director has acted honestly to avoid the offence, can he get relief? Or if a back dated resignation prior to the occurence of the offence can be shown subject to filing the form 32 in current date with fine would the resignation act as relief? Kindly advice.

Rgds,
Asish

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Raj Kumar Makkad (Expert) 04 March 2010
It is appropriate to get backdated resignation prior to the date of offence and necessary intimation in form 32 be sent accordingly.

Ankur Garg (Expert) 10 March 2010
Agree

You may go for this kind of resignation. Attach backdated resignation letter with form 32 and upload form 32 with late fee.

Regards

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