MUST READ!!! Notified Sections List Of Companies Act 2013 , - TopicsExpress



          

MUST READ!!! Notified Sections List Of Companies Act 2013 , Chapters for which Final Rules have been Notified & Chapters Not Notified till date 282 Sections of Companies Act, 2013 have been notified so far out of which • 1 section became applicable from 30.08.2013 • 98 Sections became applicable from 12.09.2013 And • 183 sections will become applicable from 01.04.2014 1+98+183=282 THE COMPANIES ACT, 2013 NOTIFIED SECTIONS LIST Chapter No. & Chapter Name AND Section No. & Section Name Chapter I PRELIMINARY 1 - Short title, extent,commencement and application 2 - Definitions Chapter II INCORPORATION OF COMPANY AND MATTERS INCIDENTAL THERETO 3 - Formation of company 4 - Memorandum 5 - Articles 6 - Act to override memorandum, articles, etc 7 - Incorporation of company 8 - Formation of companies with charitable objects, etc 9 - Effect of registration 10 - Effect of memorandum and articles 11 - Commencement of business, etc 12 - Registered office of company 13 - Alteration of memorandum 14 - Alteration of articles 15 - Alteration of memorandum or articles to be noted in every copy 16 - Rectification of name of company 17 - Copies of memorandum, articles, etc., to be given to members 18 - Conversion of companies already registered 19 - Subsidiary company not to hold shares in its holding company 20 - Service of documents 21 - Authentication of documents, proceedings and contracts 22 - Execution of bills of exchange, etc. Chapter III PROSPECTUS AND ALLOTMENT OF SECURITIES 23 - Public offer and private placement 24 - Power of Securities and Exchange Board to regulate issue and transfer of securities, etc 25 - Document containing offer of securities for sale to be deemed prospectus 26 - Matters to be stated in prospectus 27 - Variation in terms of contract or objects in prospectus 28 - Offer of sale of shares by certain members of company 29 - Public offer of securities to be in dematerialised form 30 - Advertisement of prospectus 31 - Shelf prospectus 32 - Red herring prospectus 33 - Issue of application forms for securities 34 - Criminal liability for misstatements in prospectus 35 - Civil liability for misstatements in prospectus 36 - Punishment for fraudulently inducing persons to invest money 37 - Action by affected persons 38 - Punishment for personation for acquisition, etc., of securities 39 - Allotment of securities by company 40 - Securities to be dealt with in stock exchanges 41 - Global depository receipt 42 - Offer or invitation for subscription of securities on private placement. Chapter IV SHARE CAPITAL AND DEBENTURES 43 - Kinds of share capital 44 - Nature of shares or debentures 45 - Numbering of shares 46 - Certificate of shares 47 - Voting rights 49 - Calls on shares of same class to be made on uniform basis 50 - Company to accept unpaid share capital, although not called up 51 - Payment of dividend in proportion to amount paidup 52 - Application of premiums received on issue of shares 53 - Prohibition on issue of shares at discount 54 - Issue of sweat equity shares 55 - Issue and redemption of preference shares 56 - Transfer and transmission of securities 57 - Punishment for personation of shareholder 58 - Refusal of registration and appeal against refusal 59 - Rectification of register of members 60 - Publication of authorised, subscribed and paid-up capital 61 - Power of limited company to alter its share capital 62 - Further issue of share capital 63 - Issue of bonus shares 64 - Notice to be given to Registrar for alteration of share capital 65 - Unlimited company to provide for reserve share capital on conversion into limited company 67 - Restrictions on purchase by company or giving of loans by it for purchase of its shares 68 - Power of company to purchase its own securities 69 - Transfer of certain sums to capital redemption reserve account 70 - Prohibition for buy-back in certain circumstances 71 - Debentures 72 - Power to nominate Chapter V ACCEPTANCE OF DEPOSITS BY COMPANIES 73 - Prohibition on acceptance of deposits from public 74 - Repayment of deposits, etc., accepted before commencement of this Act 76 - Acceptance of deposits from public by certain companies Chapter VI REGISTRATION OF CHARGES 77 - Duty to register charges, etc 78 - Application for registration of charge 79 - Section 77 to apply in certain matters 80 - Date of notice of charge 81 - Register of charges to be kept by Registrar 82 - Company to report satisfaction of charge 83 - Power of Registrar to make entries of satisfaction and release in absence of intimation from company 84 - Intimation of appointment of receiver or manager 85 - Companys register of charges 86 - Punishment for contravention 87 - Rectification by Central Government in register of charges Chapter VII MANAGEMENT AND ADMINISTRATION 88 - Register of members, etc 89 - Declaration in respect of beneficial interest in any share 90 - Investigation of beneficial ownership of shares in certain cases 91 - Power to close register of members or debentureholders or other security holders 92 - Annual return 93 - Return to be filed with Registrar in case promoters stake changes 94 - Place of keeping and inspection of registers, returns, etc 95 - Registers, etc, to be evidence 96 - Annual general meeting 100 - Calling of extraordinary general meeting 101 - Notice of meeting 102 - Statement to be annexed to notice 103 - Quorum for meetings 104 - Chairman of meetings 105 - Proxies 106 - Restriction on voting rights 107 - Voting by show of hands 108 - Voting through electronic means 109 - Demand for poll 110 - Postal ballot 111 - Circulation of members resolution 112 - Representation of President and Governors in meetings 113 - Representation of corporations at meeting of companies and of creditors 114 - Ordinary and special resolutions 115 - Resolutions requiring special notice 116 - Resolutions passed at adjourned meeting 117 - Resolutions and agreements to be filed 118 - Minutes of proceedings of general meeting, meeting of Board of Directors and other meeting and resolutions passed by postal ballot 119 - Inspection of minutebooks of general meeting 120 - Maintenance and inspection of documents in electronic form 121 - Report on annual general meeting 122 - Applicability of this Chapter to One Person Company Chapter VIII DECLARATION AND PAYMENT OF DIVIDEND 123 - Declaration of dividend 126 - Right to dividend, rights shares and bonus shares to be held in abeyance pending registration of transfer of shares 127 - Punishment for failure to distribute dividends Chapter IX ACCOUNTS OF COMPANIES 128 - Books of account, etc, to be kept by company 129 - Financial statement 133 - Central Government to prescribe accounting standards 134 - Financial statement, Boards report, etc 135 - Corporate Social Responsibility 136 - Right of member to copies of audited financial statement 137 - Copy of financial statement to be filed with Registrar 138 - Internal audit Chapter X AUDIT AND AUDITORS 139 - Appointment of auditors 140 - Removal, resignation of auditor and giving of special notice 141 - Eligibility, qualifications and disqualifications of auditors 142 - Remuneration of auditors 143 - Powers and duties of auditors and auditing standards 144 - Auditor not to render certain services 145 - Auditor to sign audit reports, etc 146 - Auditors to attend general meeting 147 - Punishment for contravention 148 - Central Government to specify audit of items of cost in respect of certain companies Chapter XI APPOINTMENT AND QUALIFICATIONS OF DIRECTORS 149 - Company to have Board of Directors 150 - Manner of selection of independent directors and maintenance of data bank of independent directors 151 - Appointment of director elected by small shareholders 152 - Appointment of directors 153 - Application for allotment of Director Identification Number 154 - Allotment of Director Identification Number 155 - Prohibition to obtain more than one Director Identification Number 156 - Director to intimate Director Identification Number 157 - Company to inform Director Identification Number to Registrar 158 - Obligation to indicate Director Identification Number 159 - Punishment for contravention 160 - Right of persons other than retiring directors to stand for directorship 161 - Appointment of additional director, alternate director and nominee director 162 - Appointment of directors to be voted individually 163 - Option to adopt principle of proportional representation for appointment of directors 164 - Disqualifications for appointment of director 165 - Number of directorships 166 - Duties of directors 167 - Vacation of office of director 168 - Resignation of director 169 - Removal of directors 170 - Register of directors and key managerial personnel and their shareholding 171 - Members right to inspect 172 - Punishment Chapter XII MEETINGS OF BOARD AND ITS POWERS 173 - Meetings of Board 174 - Quorum for meetings of Board 175 - Passing of resolution by circulation 176 - Defects in appointment of directors not to invalidate actions taken 177 - Audit Committee 178 - Nomination and Remuneration Committee and Stakeholders Relationship Committee 179 - Powers of Board 180 - Restrictions on powers of Board 181 - Company to contribute to bonafide and charitable funds, etc 182 - Prohibitions and restrictions regarding political contributions 183 - Power of Board and other persons to make contributions to national defence fund, etc 184 - Disclosure of interest by director 185 - Loan to directors, etc 186 - Loan and investment by company 187 - Investments of company to be held in its own name 188 - Related party transactions 189 - Register of contracts or arrangements in which directors are interested 190 - Contract of employment with managing or wholetime directors 191 - Payment to director for loss of office, etc, in connection with transfer of undertaking, property or shares 192 - Restriction on non cash transactions involving directors 193 - Contract by One Person Company 194 - Prohibition on forward dealings in securities of company by director or key managerial personnel 195 - Prohibition on insider trading of securities Chapter XIII APPOINTMENT AND REMUNERATION OF MANAGERIAL PERSONNEL 196 - Appointment of managing director, whole time director or manager 197 - Overall maximum managerial remuneration and managerial remuneration in case of absence or inadequacy of profits 198 - Calculation of profits 199 - Recovery of remuneration in certain cases 200 - Central Government or company to fix limit with regard to remuneration 201 - Forms of, and procedure in relation to, certain applications 202 - Compensation for loss of office of managing or whole time director or manager 203 - Appointment of key managerial personnel 204 - Secretarial audit for bigger companies 205 - Functions of company secretary Chapter XIV INSPECTION, INQUIRY AND INVESTIGATION 206 - Power to call for information, inspect books and conduct inquiries 207 - Conduct of inspection and inquiry 208 - Report on inspection made 209 - Search and seizure 210 - Investigation into affairs of company 211 - Establishment of Serious Fraud Investigation Office 212 - Investigation into affairs of Company by Serious Fraud Investigation Office 214 - Security for payment of costs and expenses of investigation 215 - Firm, body corporate or association not to be appointed as inspector 216 - Investigation of ownership of company 217 - Procedure, powers, etc, of inspectors 219 - Power of inspector to conduct investigation into affairs of related companies, etc 220 - Seizure of documents by inspector 223 - Inspectors report 224 - Actions to be taken in pursuance of inspectors report 225 - Expenses of investigation 228 - Investigation, etc, of foreign companies 229 - Penalty for furnishing false statement, mutilation, destruction of documents Chapter XXI PART I - COMPANIES AUTHORISED TO REGISTER UNDER THIS ACT 366 - Companies capable of being registered 367 - Certificate of registration of existing companies 368 - Vesting of property on registration 369 - Saving of existing liabilities 370 - Continuation of pending legal proceedings 371 - Effect of registration under this Part 374 - Obligations of companies registering under this Part Chapter XXII COMPANIES INCORPORATED OUTSIDE INDIA 379 - Application of Act to foreign companies 380 - Documents, etc, to be delivered to Registrar by foreign companies 381 - Accounts of foreign company 382 - Display of name, etc, of foreign company 383 - Service on foreign company 384 - Debentures, annual return, registration of charges, books of account and their inspection 385 - Fee for registration of documents 386 - Interpretation 387 - Dating of prospectus and particulars to be contained therein 388 - Provisions as to experts consent and allotment 389 - Registration of prospectus 390 - Offer of Indian Depository Receipts 391 - Application of sections 34 to 36 and Chapter XX 392 - Punishment for contravention 393 - Companys failure to comply with provisions of this Chapter not to affect validity of contracts, etc Chapter XXIII REMOVAL OF NAMES OF COMPANIES FROM THE REGISTER OF COMPANIES 394 - Annual reports on Government companies 395 - Annual reports where one or more State Governments are members of companies Chapter XXIV REGISTRATION OFFICES AND FEES 396 - Registration offices 397 - Admissibility of certain documents as evidence 398 - Provisions relating to filing of applications, documents, inspection, etc, in electronic form 399 - Inspection, production and evidence of documents kept by Registrar 400 - Electronic form to be exclusive, alternative or in addition to physical form 401 - Provision of value added services through electronic form 402 - Application of provisions of Information Technology Act, 2000 403 - Fee for filing, etc 404 - Fees, etc, to be credited into public account Chapter XXV COMPANIES TO FURNISH INFORMATION OR STATISTICS 405 - Power of Central Government to direct companies to furnish information or statistics Chapter XXVI NIDHIS 406 - Power to modify Act in its application to Nidhis Chapter XXVII NATIONAL COMPANY LAW TRIBUNAL AND APPELLATE TRIBUNAL 407 - Definitions 408 - Constitution of National Company Law Tribunal 409 - Qualification of President and Members of Tribunal 410 - Constitution of Appellate Tribunal 411 - Qualifications of chairperson and Members of Appellate Tribunal 412 - Selection of Members of Tribunal and Appellate Tribunal 413 - Term of office of President, chairperson and other Members 414 - Salary, allowances and other terms and conditions of service of Members Chapter XXVIII SPECIAL COURTS 439 - Offences to be noncognizable 442 - Mediation and Conciliation Panel 443 - Power of Central Government to appoint company prosecutors 444 - Appeal against acquittal 445 - Compensation for accusation without reasonable cause 446 - Application of fines CHAPTER XXIX MISCELLANEOUS 447 Punishment for fraud 448 Punishment for false statement 449 Punishment for false evidence 450 Punishment where no specific penalty or punishment is provided 451 Punishment in case of repeated default 452 Punishment for wrongful withholding of property 453 Punishment for improper use of Limited or Private Limited 454 Adjudication of penalties 455 Dormant company 456 Protection of action taken in good faith 457 Nondisclosure of information in certain cases 458 Delegation by Central Governemnt of its powers and functions 459 Powers of Central Government or Tribunal to accord approval, etc, subject to conditions and to prescribe fees on applications 460 Condonation of delay in certain cases 461 Annual report by Central Government 462 Power to exempt class or classes of companies from provisions of this Act 463 Power of court to grant relief in certain cases 464 Prohibition of association or partnership of persons exceeding certain number 467 Power of Central Government to amend Schedules 468 Powers of Central Government to make rules relating to winding up 469 Power of Central Government to make rules 470 Power to remove difficulties SCHEDULES - SCHEDULE I - Memorandum & Articles of Association formats SCHEDULE II - Useful lives to compute depreciation SCHEDULE III - General instruction for preparation of balance sheet & statement of profit & loss of a company SCHEDULE IV - Code for Independent directors SCHEDULE V - Conditions to be fulfilled for the appointment of a managing or whole - time director or a manager without the approval of Central Government SCHEDULE VI - Infrastructure projects/infrastructural facilities SCHEDULE VII - Activities which may be included by companies in their corporate social responsibility policies Rules relating to 19 chapters have also been notified to become applicable from 01.04.2014 Chapters for which Final Rules have been Notified CHAPTER I PRELIMINARY Companies (Specification of definition details) Rules 2014 Chapter II INCORPORATION OF COMPANY & MATTERS INCIDENTAL THERETO Companies (Incorporation) Rules, 2014 Chapter III PROSPECTUS AND ALLOTMENT OF SECURITIES Companies (Prospectus and allotment of securities) Rules, 2014 Chapter IV SHARE CAPITAL AND DEBENTURES Companies (Share Capital and Debentures) Rules, 2014 Chapter V ACCEPTANCE OF DEPOSITS BY COMPANIES Companies (Acceptance of Deposits) Rules, 2014 Chapter VI REGISTRATION OF CHARGES Companies (Registration of Charges) Rules, 2014 Chapter VII MANAGEMENT AND ADMINISTRATION Companies (Management and Administration) Rules, 2014 Chapter VIII DECLARATION AND PAYMENT OF DIVIDEND Companies (Declaration and Payment of Dividend) Rules, 2014 Chapter IX ACCOUNTS OF COMPANIES Companies (Accounts) Rules, 2014 Chapter X AUDIT OF ACCOUNTS Companies (Audit and Auditors) Rules, 2014 Chapter XI APPOINTMENT AND QUALIFICATIONS OF DIRECTORS Companies (Appointment and Qualification of Directors) Rules, 2014 Chapter XII MEETINGS OF BOARD AND ITS POWERS Companies (Meetings of Board and its Powers) Rules, 2014 Chapter XIII APPOINTMENT AND REMUNERATION OF MANAGERIAL PERSONNEL Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014 Chapter XIV INSPECTION, INQUIRY AND INVESTIGATION Companies (Inspection, Investigation and Inquiry) Rules, 2014 Chapter XXI COMPANIES AUTHORISED TO REGISTER UNDER THIS ACT Companies (Companies Authorised to Register Under this Act) Rules, 2014 Chapter XXII COMPANIES INCORPORATED OUTSIDE INDIA Companies (Registration of Foreign Companies) Rules, 2014 Chapter XXIV REGISTRATION OFFICES AND FEES Companies (Registration Offices And Fees) Rules, 2014 Chapter XXVI NIDHIS Nidhi Rules, 2014 Chapter XXIX MISCELLANEOUS Companies (Adjudication of Penalties) Rules, 2014 Companies (Miscellaneous) Rules, 2014 Chapters Not Notified till date Chapter XV Compromises, Arrangement and Amalgamations Chapter XVI Prevention of Oppression and Mismanagement Chapter XVII Registered Valuers Chapter XVIII Removal of Names of Companies from the Register of Companies Chapter XIX Revival and Rehabilitation of Sick Companies Chapter XX Winding Up In respect of sections of The Companies Act, 2013 which have not been notified, applicable sections of Companies Act, 1956 will continue to apply.
Posted on: Tue, 24 Jun 2014 07:04:42 +0000

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