Companies Act, 2017

PART-XIII

LEGAL PROCEEDINGS, OFFENCES

Companies Act, 2017 PART-XIII LEGAL PROCEEDINGS, OFFENCES From: 2023-11-01 - To: 0000-00-00 477. Complaint to the court by the Commission, registrar, member or creditor in case of certain offences- (1) Offences provided in the Eighth Schedule under this Act which is alleged to have been committed by any company or any officer or auditor or any other person shall net be taken cognizance by the court, except on the complaint in writing of- (a) the Commission through its authorised officer or the registrar; or (b) in the case of a company having a share capital, by a member or members holding not less than five percent of the issued share capital of the company or a creditor or creditors of the company having interest equivalent in amount to not less than five percent of the issued share capital of the company; or (c) in the case of a company not having a share capital, by any member or creditor entitled to present a petition for winding up of the company: Provided that nothing in this…