Officer in default protections clarified: ROCs must verify board process and documentation before prosecuting directors. Prosecution must target persons who are officers in default after verifying resignation filings, annual returns, board minutes and any formal board delegation; nominee, independent and government nominated directors shall not be held liable for contraventions occurring without their knowledge via the board process, or without their consent or connivance, or where they have acted diligently. ROCs must identify managing directors, company secretaries or specifically charged employees as primary officers in default for account related defaults, seek Central Government authorization before prosecuting government companies, and refer doubtful cases to the Regional Director.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Officer in default protections clarified: ROCs must verify board process and documentation before prosecuting directors.
Prosecution must target persons who are officers in default after verifying resignation filings, annual returns, board minutes and any formal board delegation; nominee, independent and government nominated directors shall not be held liable for contraventions occurring without their knowledge via the board process, or without their consent or connivance, or where they have acted diligently. ROCs must identify managing directors, company secretaries or specifically charged employees as primary officers in default for account related defaults, seek Central Government authorization before prosecuting government companies, and refer doubtful cases to the Regional Director.
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