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CS Professional · Compliance Management, Audit and Due Diligence · Relief and Remedies

Before granting relief to an officer under section 463(1) or (2), which procedural step must the court complete?

The court must serve notice requiring the Registrar, and any other person it thinks necessary, to show cause why relief should not be granted. Section 463(3) prohibits relief under sub-section (1) or (2) without this step; director consent or gazette publication is not required.

  1. AObtain the written consent of all directors of the company
  2. BReceive a certificate from the company's secretarial auditor
  3. CRequire the Registrar and any other necessary person, by notice, to show cause why relief should not be grantedCorrect
  4. DWait for the Central Government to publish a notification in the Official Gazette

Explanation

Section 463(3) bars any relief unless the court has, by notice served in the manner it specifies, required the Registrar and such other persons as it thinks necessary to show cause why relief should not be granted. Director consent, auditor certificates and gazette notices are not required.

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