Mr. A along with his brothers got registered a company in the state of Telangana by furnishing false information knowingly. What action may be taken…
CA Intermediate · Corporate and Other Laws · MTP · September 2026
Mr. A along with his brothers got registered a company in the state of Telangana by furnishing false information knowingly. What action may be taken against the company and its promoters under the provisions of the Companies act, 2013?
Suggested Answer and Working Notes:
Provisions of the Law: As per section 7 of the Companies Act, 2013 where a company has been got incorporated by furnishing any incorrect information, the Tribunal may on an application made to it, on being satisfied that the situation so warrants: (1) pass such orders, as it may think fit, for regulation of the management of the company including changes, if any, in its memorandum and articles, in public interest or in the interest of the company and its members and creditors; or (2) direct that liability of the members shall be unlimited; or (3) direct removal of the name of the company from the register of companies; or (4) pass an order for the winding up of the company; or (5) pass such other orders as it may deem fit: Provided that before making any order under this sub-section, - (i) the company shall be given a reasonable opportunity of being heard in the matter; and (ii) the Tribunal shall take into consideration the transactions entered into by the company, including the obligations, if any, contracted or payment of any liability. Also the promoters, the persons named as the first directors of the company and the persons making declaration at the time of registration of company shall each be liable for action under section 447. Conclusion: In this case, since Mr. A and his brothers got the company registered by furnishing false information knowingly, the Tribunal may take any of the actions mentioned above against the company. Additionally, Mr. A and his brothers, as promoters, will be liable for action under section 447 of the Companies Act, 2013.
Topics: Incorporation of Company and Matters Incidental Thereto
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