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XI: Appointment and Qualification of Directors

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Penalties

SectionNature of DefaultPerson LiableQuantum of Penalty / Fine
157(2)Failure to furnish DIN to Registrar
(Company fails to intimate Director’s DIN to ROC within 15 days of receiving it)
1. Company
2. Officer in Default
Penalty:
Fixed: ₹25,000
Continuing: ₹100 per day
Maximum: ₹1,00,000
159Contravention of DIN Rules
(Default in complying with Sec 152 (Appointment), Sec 155 (Duplicate DIN), or Sec 156 (Intimation of DIN))
Individual / DirectorPenalty:
Up to: ₹50,000
Continuing: ₹500 per day
165(6)Exceeding Maximum Directorships
(Holding office in more than 20 companies or more than 10 public companies)
DirectorPenalty:
Rate: ₹2,000 per day (for each day violation continues)
Maximum: ₹2,00,000
166(7)Breach of Duties of Directors
(Acting in bad faith, lack of due care, undue gain, assigning office, etc.)
DirectorFine:
Minimum: ₹1,00,000
Maximum: ₹5,00,000
167(2)Vacation of Office
(Functioning as a director knowing that the office has become vacant due to disqualification)
DirectorFine:
Minimum: ₹1,00,000
Maximum: ₹5,00,000
(Imprisonment was removed by Amendment Act, 2020)
172Residual / General Penalty
(Contravention of any provision in Chapter XI for which no specific penalty is provided, e.g., Sec 149)
1. Company
2. Officer in Default
Penalty:
Fixed: ₹50,000
Continuing: ₹500 per day
Maximum: ₹3,00,000 (Company) / ₹1,00,000 (Officer)

Rotation

Other Timelines

SectionEventTime Limit (“Within”)Form
157(1)Company to intimate DIN of directors to ROC15 Days of receipt of intimation from DirectorDIR-3C
152(5)Company to file consent of Director with ROC30 Days of appointmentDIR-12
168(1)Company to file notice of Resignation of Director with ROC30 Days of receipt of noticeDIR-12
Rule 14Company to file DIR-9 (Disqualification details) with ROC30 Days of receipt of DIR-8DIR-9
156Director to intimate DIN to the Company (Existing directors)1 Month of receipt of DIN
+ 15 days within receipt, company to tell to ROC
154Central Govt to allot DIN to applicant1 Month of receipt of application

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