2. Directors’ liability:
Every director of the company, who is an officer in default, shall be liable to compensate the company and the allottees for any loss, damages or costs which they may sustain thereby, provided that proceedings for this purpose are started within 2 years from the date of allotment. [Sec. 71 (3)]
In case of irregular allotment of shares, penalty is prescribed by the Companies Act which may be imposed on the company and every director of the company responsible for the default. These are:
(a) In the event of any contravention of the provisions [Sec. 69(2), (3) and (4)] regarding raising of minimum subscription; receiving 5% of nominal value of share application money; or keeping of application money in a schedule bank, every promoter, director or other person who is knowingly responsible for such contravention shall be punishable with fine which may extend to? 50,000.
(b) If a company acts in contravention of provision [Sec. 70 (1) or (2)] regarding filing of statement in lieu of prospectus, the company, and every director of the company who willfully authorises or permits the contravention, shall be punishable with fine which may extend to Rs. 10,000.