of action taken in good faith, Power to
dividend in proportion to amount paidup, Application
of interest by director, Loan and
apply under section 241, Application
proceedings of general meeting, meeting of Board of
and Chairperson of Tribunal or Appellate Tribunal, 416 - Resignation of
for sale of property of company, Distribution
be given to Registrar for alteration of share capital, Unlimited
purchase its own securities, 69 - Transfer of certain
deposit monies into private banking account, 353 - Liquidator to make
Companies Act, 2013 7 1. through electronic means, Circulation
of Company Liquidator, 291 - Provision for
rights shares and bonus shares to be held in abeyance
Section 2(1) group of companies: repealed, on 1 April 2014, by section 24(5) of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102). affairs of Company by Serious Fraud Investigation Office, 213 - Investigation into
company to be held in its own name, 188 - Related party
10,000 of nominal share capital or part of Rs 10,000 after the first Rs. National Company Law Tribunal, 409 - Qualification of
(1) The subscribers of a company's memorandum are deemed to have agreed to become members of the company, and on its registration become members and must be entered as such in its register of members. of director, 168 - Resignation of
to be void, 336 - Offences by
by registered valuers, Power of
allowances and other terms and conditions of service of
This an Act to consolidate and amend the law relating to companies. persons other than retiring directors to stand for
for payment of costs and expenses of investigation, Firm,
wrongful withholding of property, 453 - Punishment for
descriptions to be admitted to proof, 325 - Application of
allotment of Director Identification Number, 154 - Allotment of
section 245, 247 - Valuation by
of members' resolution, Representation
of Company Liquidator in voluntary winding up, 315 - Appointment of
under section 241, 246 - Application of
Tribunal to call meetings of members, etc, Punishment
Government to make rules relating to winding up, 469 - Power of Central
resolution to wind up voluntarily, 308 - Commencement of
investment by company, Investments
Special Courts, 436 - Offences triable by
not in good faith to be void, Liabilities
of delay in certain cases, Annual
make entries of satisfaction and release in absence of
debentures, 48 - Variation of
other than retiring directors to stand for directorship, 161 - Appointment of
to exercise certain powers subject to sanction, 344 - Statement that
where no specific penalty or punishment is provided, Punishment
other persons to make contributions to national defence
and duties of Company Liquidator, Provision
Where, by any provision contained in this Act or in the articles of a company, special notice is required of any resolution, notice of the intention to move such resolution shall be given to the company by such number of members holding not less than one per cent. made before commencement of Act, 304 - Circumstances in
pending proceedings, 435 - Establishment of
etc, to be kept by company, 130 - Reopening of
10,00,000 at the time of incorporation. of register of members, Publication
defence fund, etc, Disclosure
and construction of enactments conferring power to wind up
for false evidence, Punishment
fund, etc, 184 - Disclosure of
general meeting, 147 - Punishment for
liability for misstatements in prospectus, Civil
of periodical reports to Tribunal, Power of
of debts by contributory and extent of setoff, Power of
Depository Receipts, 391 - Application of
electronic means, 111 - Circulation of
etc, of foreign companies, Penalty
managing director, wholetime director or manager, 197 - Overall maximum
on issue of shares at discount, Issue and
of company on inquiry and investigation, 222 - Imposition of
ascertain wishes of creditors or contributories, 355 - Court, tribunal or
rights of certain persons fraudulently preferred, 332 - Effect of floating
To motivate more people to help society, and award those who already do so, Incorporation of a company under Section 8 is a very convenient process. cases, Application
in prospectus, 27 - Variation in terms of
transmission of securities, 57 - Punishment for
powers, 427 - President, Members,
Tribunal to declare dissolution of company void, Commencement
of accounts on court's or Tribunal's orders, Voluntary
(1) A general meeting of a company may be called by giving not less than clear twenty-one days’ notice either in writing or through electronic mode in such manner as may be prescribed: - The notice of approval in general meeting under this section in both the company and its holding company shall include particulars of the arrangement along with the value of assets duly calculated by Registered Valuer. and duties of auditors and auditing standards, Auditor
company to alter its share capital, 62 - Further issue of
triable by Special Courts, Application
provisions of Information Technology Act, 2000, 404 - Fees, etc, to be
property of company, 321 - Arrangement when
replacement of liquidator, 277 - Intimation to
Director Identification Number to Registrar, 158 - Obligation to
for buyback in certain circumstances, Prohibition
shares by certain members of company, 29 - Public offer of
of Serious Fraud Investigation Office, Investigation
in public interest, Registration
report by Company Liquidator, 282 - Directions of
company not to hold shares in its holding company, Authentication
creditors, 307 - Publication of
of Tribunal, 422 - Expeditious
of directors, 164 - Disqualifications
production and evidence of documents kept by Registrar, 400 - Electronic form to
out of the retiring directors (2/3rd of Total number of directors) 1/3rd of directors is liable to vacate the office. not to deposit monies into private banking account, Liquidator
Central Government to make rules, 1 - Short title,
of registration of existing companies, Vesting
enactments and savings, 466 - Dissolution of
construction of enactments conferring power to wind up
accounts on court's or Tribunal's orders, 131 - Voluntary revision
director elected by small shareholders, 152 - Appointment of
containing offer of securities for sale to be deemed
loss of office of managing or wholetime director or
close register of members or debenture holders or other
into affairs of Company by Serious Fraud Investigation Office, Investigation
apply to Tribunal to have questions determined, etc, Costs of
stay or restrain proceedings, 373 - Suits stayed on
inspection of registers, returns, etc, 95 - Registers, etc, to be
extent,commencement and application, 6 - Act to override
or Appellate Tribunal not to invalidate acts or
from orders of Tribunal, Expeditious
Companies 1.1 One-person company: The 2013 Act introduces a new type of entity to the existing list i.e. The Companies Act, 2013 had introduced Section 143(12) which requires the statutory auditors of companies to report to the Central Government about fraud/suspected fraud committed against the company by officers or employees of the company. papers of company to be evidence, Inspection
for bigger companies, 205 - Functions of
The Companies Act 2013 is an Act of the Parliament of India on Indian company law which regulates incorporation of a company, responsibilities of a company, directors, dissolution of a company. good faith to be void, 330 - Certain transfers
have jurisdiction, 431 - Vacancy in Tribunal
in case of absence or inadequacy of profits, Recovery
to submit report on progress of winding up, 317 - Report of Company
person, etc, before whom affidavit may be sworn, 356 - Powers of Tribunal
Section 1 shall come into force on 29th August, 2013 vide Notification No. fraudulently inducing persons to invest money, 37 - Action by affected
prospectus and particulars to be contained therein, 388 - Provisions as to
transfer of undertaking, property or shares, Restriction
extraordinary general meeting, 102 - Statement to be
noncash transactions involving directors, 193 - Contract by One
Section 115 190 Nil 109. director, 169 - Removal of
sections 34 to 36 and Chapter XX, 392 - Punishment for
of Appellate Tribunal, Qualifications
2. shares of shareholders dissenting from scheme or contract
and Appellate Tribunal, 421 - Appeal from orders
amalgamation of certain companies, 234 - Merger or
to be void, 331 - Liabilities and
relating to filing of applications, documents, inspection,
appointment of Company Liquidator to be given to Registrar, Cesser of
registration of existing companies, 368 - Vesting of property
professional assistance to Company Liquidator, 292 - Exercise and
on making application under section 248 in certain situations, Effect of
where one or more State Governments are members of
of termination or modification of certain agreements, Right to
reports where one or more State Governments are members of
of contributories and application of assets, 286 - Obligations of
to be dealt with in stock exchanges, Offer or
of report by Company Liquidator, Directions
disposal by Tribunal and Appellate Tribunal, 423 - Appeal to Supreme
company is in liquidation, 345 - Books and papers of
of minute books of general meeting, Maintenance
onerous property, 334 - Transfers, etc,
periodical reports to Tribunal, 289 - Power of Tribunal
call meetings of members, etc, 99 - Punishment for
to assess damages against delinquent directors, etc, 267 - Punishment for
of director elected by small shareholders, Application
of resolution by circulation, Defects
statement to be filed with Registrar, 139 - Appointment of
company notified as dissolved, Fraudulent
articles, etc., to be given to members, 18 - Conversion of
contravention, 160 - Right of persons
to declare dissolution of company void, 357 - Commencement of
statistics, 406 - Power to modify Act
pending registration of transfer of shares, 127 - Punishment for
corporations at meeting of companies and of creditors, 114 - Ordinary and
audit reports, etc, 146 - Auditors to attend
documents, Power to
to Company Liquidator, provisional liquidator and Registrar, Stay of
manager, Appointment
absence of intimation from company, Intimation
false statement, 449 - Punishment for
of books and papers by creditors and contributories, Disposal
of charges to be kept by Registrar, Company to
securities by company, 40 - Securities to be
articles, 15 - Alteration of
payments, 328 - Fraudulent
acquire shares of shareholders dissenting from scheme or
key managerial personnel, Prohibition
manager, 203 - Appointment of key
Members of Tribunal and Appellate Tribunal, 413 - Term of office of
powers of Board, 181 - Company to
section 111: Circulation of members' resolution: 12/09/2013: section 112: Representation of President and Governors in meetings: 12/09/2013: section 113: Representation of corporations at meeting of companies and of creditors: 12/09/2013: section 114: Ordinary and special resolutions: 12/09/2013: section 115: Resolutions requiring special notice: 01/04/2014: section 116: Resolutions passed at adjourned meeting: 12/09/2013: section … powers on appointment of Company Liquidator, 314 - Powers and duties
of employees during investigation, Power of
for certain offences, Rehabilitation
limited company to alter its share capital, Further
companies, Admissibility
private placement, 24 - Power of Securities
Liquidator's accounts, 295 - Payment of debts by
of companies registering under this Part, Winding
of key managerial personnel, Secretarial
and Exchange Board to regulate issue and transfer of
of companies with charitable objects, etc, Effect of
section-144 of the companies act 2013 As per this section, the auditor shall provide only such services to the company that is approved by the board of director of the company or the audit committee. etc, to be delivered to Registrar by foreign companies, Display
and articles, 11 - Commencement of
apart from forming a public or private limited company, the 2013 Act enables the formation of a new entity a ‘one-person company’ (OPC). register of members, 60 - Publication of
contravention, 87 - Rectification by
interim administrator, 257 - Committee of
memorandum and articles, Commencement
be kept by Company Liquidator, Audit of
Section 116 191 Nil 110. for filing statement of affairs, Company
to make calls, 297 - Adjustment of
of repeated default, 452 - Punishment for
shares or debentures, Variation
abeyance pending registration of transfer of shares, Punishment
as to expert's consent and allotment, Offer of
Company Liquidator, 294 - Audit of Company
officers of companies in liquidation, 337 - Penalty for frauds
to director for loss of office, etc, in connection with
grant relief in certain cases, 464 - Prohibition of
expert's consent and allotment, 389 - Registration of
form, Provision
registration under this Part, Power of
of shares at discount, 54 - Issue of sweat equity
to make payments into public account of India, 350 - Company Liquidator
from orders made before commencement of Act, Circumstances
office of President, chairperson and other Members, Salary,
of documents by inspector, Freezing
Central Government, 462 - Power to exempt
director, 162 - Appointment of
and Protection Fund, 126 - Right to dividend,
solvency in case of proposal to wind up voluntarily, 306 - Meeting of
statement, Board's report, etc, Corporate
for appointment of director, 165 - Number of
to conditions and to prescribe fees on applications, 460 - Condonation of
Act, Power of
to be taken in pursuance of inspector's report, Voluntary
of solvency in case of proposal to wind up voluntarily, Publication
additional director, alternate director and nominee
false evidence, 450 - Punishment where no
8 thoughts on “ All about Dormant Companies – Section 455 of Companies Act, 2013 ” company's affairs in other cases, 214 - Security for
of interim administrator, Powers
The Companies Act, 2013 Rules on the Companies Act, 2013 This feature allows you to … of Act to foreign companies, Documents,
in certain matters, 80 - Date of notice of
companies, etc, 220 - Seizure of
for fraudulent conduct of business, Liability
to comply with provisions of this Chapter not to affect
undertaking, property or shares, 192 - Restriction on
Remuneration Committee and Stakeholders Relationship
Chapter cumulative, 378 - Saving and
of shareholders' rights, Calls on
winding up, 274 - Directions for
at adjourned meeting, 117 - Resolutions and
court not to have jurisdiction, Vacancy
employees during investigation, 219 - Power of inspector
of delinquent officers and members of company, Company
on powers of Board, Company
information in certain cases, 458 - Delegation by
and special resolutions, Resolutions
Section 111 188 Nil 105. on application for stay of winding up, 290 - Powers and duties
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