Section 392 of Companies Act, 2013 – Punishment for contravention

  • Updated Till : November 12, 2018

SECTION 392. PUNISHMENT FOR CONTRAVENTION

[Effective from 1st April, 2014]

Without prejudice to the provisions of section 391, if a foreign company contravenes the provisions of this Chapter, the foreign company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to three lakh rupees and in the case of a continuing offence, with an additional fine which may extend to fifty thousand rupees for every day after the first during which the contravention continues and every officer of the foreign company who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees, or with both.

Applicable Rules 

Companies (Registration of Foreign Companies) Rules, 2014

[Effective from 1st April, 2014]

Rule 12. Action for improper use or description as foreign company.—If any person or persons trade or carry on business in any manner under any name or title or description as a foreign company registered under the Act or the rules made thereunder, that person or each of those persons shall, unless duly registered as foreign company under the Act and rules made thereunder, shall be liable for investigation under section 210 of the Act and action consequent upon that investigation shall be taken against that person.

 

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