An adjudicating officer who is not below the rank of Registrar, appointed by the Central Government
can impose any penalty on the company, and the officer who is in default stating any non-compliance
of the Companies Act, 2013. The person who is aggrieved by such an order may appeal to the
Regional Director has jurisdiction in the matter by filing the eForm ADJ.
- eForm ADJ is required to be filed pursuant to section 454(5) of the Companies Act, 2013 andRule 4(1) of Companies (Adjudication of Penalties) Rules, 2014.
According to Section 454(5) of the Companies Act,2013 A person who is aggrieved by an order made by the adjudicating officer under subsection (4) may prefer an appeal to the Regional Director having jurisdiction in the matter.
According to Rule 4(1) of Companies (Adjudication of Penalties) Rules, 2014 Every appeal made against the order of the adjudicating officer passed under sub-section (3) of section 454 be filed in writing with the Regional Director having jurisdiction in the matter within 60 days from the date ofreceipt of the order of adjudicating officer by the aggrieved party, in Form No. ADJ sets forth the grounds of appeal and shall be accompanied by a certified copy of the order against which the appeal is sought.
The Companies (Registration Offices and Fees) Rules, 2014
Provided that where the party is represented by an authorized representative, a copy of such authorization in favor of the representative and the written consent thereto by such authorized
representative shall also be appended to the appeal in Form No. ADJ cannot seek relief(s) therein against more than one order unless the reliefs prayed for are consequential.
Every appeal filed under this rule shall be accompanied by such fee as provided in the Companies(Registration Offices and Fees) Rules, 2014.
Other than OPC and
OPC and Small
By a company having an authorized share capital of:
a) Up to Rupees 25,00,000
b) Above Rupees 25,00,000 but up to Rupees 50,00,000
c) Above Rupees 50,00,000 but up to Rupees 5,00,00,000
d) Above Rupees 5,00,00,000 but up to Rupees 10 crore or more
e) Above Rupees 10 crore
By a company limited by guarantee but not having a share capital
By a company having a valid license issued under section 8 of the Act (Section 8 Company)
By a foreign company
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