Section 405 of Companies Act, 2013 – Power of Central Government to direct companies to furnish information or statistics

  • Updated Till : November 15, 2018

SECTION 405. POWER OF CENTRAL GOVERNMENT TO DIRECT COMPANIES TO
FURNISH INFORMATION OR STATISTICS

 [Effective from 12th September, 2013]

 (1) The Central Government may, by order, require companies generally, or any class of companies, or any company, to furnish such information or statistics with regard to their or its constitution or working, and within such time, as may be specified in the order.

(2) Every order under sub-section (1) shall be published in the Official Gazette and may be addressed to companies generally or to any class of companies, in such manner, as the Central Government may think fit and the date of such publication shall be deemed to be the date on which requirement for information or statistics is made on such companies or class of companies, as the case may be.

(3) For the purpose of satisfying itself that any information or statistics furnished by a company or companies in pursuance of any order under sub-section (1) is correct and complete, the Central Government may by order require such company or companies to produce such records or documents in its possession or allow inspection thereof by such officer or furnish such further information as that Government may consider necessary.

(4) If any company fails to comply with an order made under sub-section (1) or sub-section (3), or knowingly furnishes any information or statistics which is incorrect or incomplete in any material respect, the company shall be punishable with fine which may extend to twenty-five thousand rupees and every officer of the 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 three lakh rupees, or with both.

(5) Where a foreign company carries on business in India, all references to a company in this section shall be deemed to include references to the foreign company in relation, and only in relation, to such business.

Companies (Registration Offices and Fees) Rules, 2014

[Effective from 1st April, 2014]

Rule 3. Business activity.Every company including foreign company which carries out its business through electronic mode, whether its main server is installed in India or outside India, which

(i)    undertakes business to business and business to consumer transactions, data interchange or other digital supply transactions;

(ii)    offers to accept deposits or invites deposits or accepts deposits or subscriptions in securities, in India or from citizens of India;

(iii)    undertakes financial settlements, web based marketing, advisory and transactional services, database services or products, supply chain management;

(iv)    offers online services such as telemarketing, telecommuting, telemedicine, education and information research; or

(v)    undertakes any other related data communication services, whether conducted by e-mail, mobile devices, social media, cloud computing, document management, voice or data transmission or otherwise,

shall be deemed to have carried out business in India.

 

 

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