What is Penalty for frauds by officers? What is Liability where proper accounts not kept? Section 337 and 338 of Indian Companies Act 2013

Penalty for frauds by officers and Liability where proper accounts not kept are defined under Section 337  and 338 of Indian Companies Act 2013. Provisions under these Sections are:

Section 337 of Indian Companies Act 2013 "Penalty for frauds by officers"

If any person, being at the time of the commission of the alleged offence an officer of a company which is subsequently ordered to be wound up by the Tribunal or which subsequently passes a resolution for voluntary winding up, -

(a) has, by false pretences or by means of any other fraud, induced any person to give credit to the company;

 

(b) with intent to defraud creditors of the company or any other person, has made or caused to be made any gift or transfer of, or charge on, or has caused or connived at the levying of any execution against, the property of the company; or

(c) with intent to defraud creditors of the company, has concealed or removed any part of the property of the company since the date of any unsatisfied judgment or order for payment of money obtained against the company or within two months before that date,

he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to three lakh rupees.

Section 338 of Indian Companies Act 2013 "Liability where proper accounts not kept"

(1) Where a company is being wound up, if it is shown that proper books of account were not kept by the company throughout the period of two years immediately preceding the commencement of the winding up, or the period between the incorporation of the company and the commencement of the winding up, whichever is shorter, every officer of the company who is in default shall, unless he shows that he acted honestly and that in the circumstances in which the business of the company was carried on, the default was excusable, be punishable with imprisonment for a term which shall not be less than one year but which
may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to three lakh rupees.

(2) For the purposes of sub-section (1), it shall be deemed that proper books of account have not been kept in the case of any company, -

(a) if such books of account as are necessary to exhibit and explain the transactions and financial position of the business of the company, including books containing entries made from day-to-day in sufficient detail of all cash received and all cash paid, have not been kept; and

(b) where the business of the company has involved dealings in goods, statements of the annual stock takings and, except in the case of goods sold by way of ordinary retail trade, of all goods sold and purchased, showing the goods and the buyers and the sellers thereof in sufficient detail to enable those goods and those buyers and sellers to be identified, have not been kept.

What is Arrangement when binding on company and creditors? What is Power to apply to Tribunal to have questions determined, etc? Section 321 and 322 of Indian Companies Act 2013

What is Costs of voluntary winding up? Is Debts of all descriptions to be admitted to proof?Section 323 and 324 of Indian Companies Act 2013

What is Application of insolvency rules in winding up of insolvent companies? What is Overriding preferential payments? Section 325 and 326 of Indian Companies Act 2013

What is Preferential payments? What is Fraudulent preference? Section 327 and 328 of Indian Companies Act 2013

What is Transfers not in good faith to be void? Certain transfers to be void. Section 329 and 330 of Indian Companies Act 2013

What is Liabilities and rights of certain persons fraudulently preferred? What is effect of floating charge? Section 331 and 332 of Indian Companies Act 2013

What is Disclaimer of onerous property? Is Transfers, etc., after commencement of winding up to be void? Section 333 and 334 of Indian Companies Act 2013

What is certain attachments, executions, etc., in winding up by Tribunal to be void? What are Offences by officers of companies in liquidation? Section 335 and 336 of Indian Companies Act 2013

What is Penalty for frauds by officers? What is Liability where proper accounts not kept? Section 337 and 338 of Indian Companies Act 2013

What is Liability for fraudulent conduct of business? What is Power of Tribunal to assess damages against delinquent directors, etc? Section 339 and 340 of Indian Companies Act 2013

 

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