Companies to Furnish Information or Statistics
1. The Central Government may, by order, require companies generally, or any class of companies, or any company, to furnish such information or statistics with regard to their or its constitution or working, and within such time, as may be specified in the order.
2. Every order under sub-section (1 ) shall be published in the Official Gazette and may be addressed to companies generally or to any class of companies, in such manner, as the Central Government may think fit and the date of such publication shall be deemed to be the date on which requirement for information or statistics is made on such companies or class of companies, as the case may be.
3. For the purpose of satisfying itself that any information or statistics furnished by a company or companies in pursuance of any order under sub-section (1 ) is correct and complete, the Central Government may by order require such company or companies to produce such records or documents in its possession or allow inspection thereof by such officer or furnish such further information as that Government may consider necessary.
4. If any company fails to comply with an order made under sub-section (1 ) or subsection (3 ), or knowingly furnishes any information or statistics which is incorrect or incomplete in any material respect, the company shall be punishable with fine which may extend to twenty-five thousand rupees and every officer of the company who is in default, shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than twenty-five thousand rupees but which may extend to three lakh rupees, or with both.
5. Where a foreign company carries on business in India, all references to a company in this section shall be deemed to include references to the foreign company in relation, and only in relation, to such business.
Legal Commentary & Landmark Judgments: Section 405
Section 405 empowers the Central Government to issue general or special orders directing companies to furnish information, statistics, or reports regarding their business, operational status, or vendor payments.
When advising corporate clients on supply-chain compliance, enforce strict quarterly tracking of MSME vendor dues. Failure to file Form MSME-1 within 30 days of the end of each half-year constitutes an ongoing statutory offense under Section 405(4), exposing key managerial personnel to immediate RoC show-cause notices.