This profile is a small company or OPC class. Section 446B can cut the stated penalty in half, subject to that section’s cap.
Section 86
Default in the charge chapter
- Company
- ₹5,00,000.
- Officer
- ₹50,000.
False or suppressed particulars of a charge are section 447, not this penalty. The additional fee for a late CHG-1 is collected separately.
VerifiedAct-sourced — Section 86(1), substituted by the Companies (Amendment) Act, 2020, in force 21 December 2020.
Section 92
Failure to file the annual return
- Company
- ₹10,000, plus ₹100 for every continuing day, capped at ₹2,00,000.
- Officer
- ₹10,000, plus ₹100 for every continuing day, capped at ₹50,000.
An OPC or a small company is capped at one-half of these penalties under section 446B, subject to that section’s own maximum.
VerifiedAct-sourced — Section 92(5), after decriminalisation. The additional filing fee of ₹100 a day is separate from this penalty.
Section 117
Failure to file a resolution or agreement
- Company
- ₹10,000, plus ₹100 for every continuing day, capped at ₹2,00,000.
- Officer
- ₹10,000, plus ₹100 for every continuing day, capped at ₹50,000.
The clock starts at the end of the 30 days in section 117(1).
VerifiedAct-sourced — Section 117(2).
Section 135
Default in CSR transfer or spend obligations
- Company
- Twice the amount required to be transferred to the Schedule VII fund or the Unspent CSR Account, or ₹1 crore, whichever is less.
- Officer
- One-tenth of the amount required to be transferred, or ₹2,00,000, whichever is less.
This is a penalty for the transfer default in sub-sections (5) and (6), not a general fine for a weak CSR narrative.
VerifiedAct-sourced — Section 135(7).
Section 137
Failure to file financial statements
- Company
- ₹10,000, plus ₹100 for every continuing day, capped at ₹2,00,000.
- Officer
- ₹10,000, plus ₹100 for every continuing day, capped at ₹50,000.
The ₹100-a-day additional fee for a late AOC-4 is collected on the form and is not a substitute for this penalty if the Registrar adjudicates.
VerifiedAct-sourced — Section 137(3).
Section 446b
Lesser penalty for an OPC or a small company
- Company
- Not more than one-half of the penalty specified in the relevant provision, subject to the maximum in section 446B.
- Officer
- The same one-half principle applies to the officer in default, subject to the section.
Available only while the company is an OPC or a small company. A public company does not get it.
VerifiedAct-sourced — Section 446B.
Section 454
Adjudication, not a standalone fine
- Company
- The penalty is the one written in the section that was breached. Section 454 is the procedure.
- Officer
- The officer in default is named in the adjudication order.
Appeal to the Regional Director within 60 days. Compounding and condonation are different applications and do not replace an appeal against the order.
VerifiedAct-sourced — Section 454.