Who Are Officer in Default as per Companies act 2013

Sec­tion 2(60) of Com­pa­nies act 2013 defines the Term of Offi­cer in Default.

“offi­cer who is in default”, for the pur­pose of any pro­vi­sion in this Act which enacts that an offi­cer of the com­pa­ny who is in default shall be liable to any penal­ty or pun­ish­ment by way of impris­on­ment, fine or oth­er­wise, means any of the
fol­low­ing offi­cers of a com­pa­ny, namely:—

(i) whole-time director;

(ii) key man­age­r­i­al personnel;

(iii) where there is no key man­age­r­i­al per­son­nel, such direc­tor or direc­tors as spec­i­fied by the Board in this behalf and who has or have giv­en his or their con­sent in writ­ing to the Board to such spec­i­fi­ca­tion, or all the direc­tors, if no direc­tor is so specified;

(iv) any per­son who, under the imme­di­ate author­i­ty of the Board or any key man­age­r­i­al per­son­nel, is charged with any respon­si­bil­i­ty includ­ing main­te­nance, fil­ing or dis­tri­b­u­tion of accounts or records, autho­ris­es, active­ly par­tic­i­pates in, know­ing­ly per­mits, or know­ing­ly fails to take active steps to pre­vent, any default;

(v) any per­son in accor­dance with whose advice, direc­tions or instruc­tions the Board of Direc­tors of the com­pa­ny is accus­tomed to act, oth­er than a per­son who gives advice to the Board in a pro­fes­sion­al capacity;

(vi) every direc­tor, in respect of a con­tra­ven­tion of any of the pro­vi­sions of this Act, who is aware of such con­tra­ven­tion by virtue of the receipt by him of any pro­ceed­ings of the Board or par­tic­i­pa­tion in such pro­ceed­ings with­out object­ing to the same, or where such con­tra­ven­tion had tak­en place with his con­sent or connivance;

(vii) in respect of the issue or trans­fer of any shares of a com­pa­ny, the share trans­fer agents, reg­is­trars and mer­chant bankers to the issue or transfer;