CA/CS Updates

CA/CS Updates This page is created for Updation related to CA/CS related topics..... Raj Gupta

27/03/2014

Schedule I - Memorandum of Association
Schedule II - Useful lives to compute depreciation
Schedule III - General instructions for preparation of Balance sheet and Statement of Profit & Loss
Schedule IV - Code of Independent Directors
Schedule V - Conditions to be fulfilled for the appointment of a Managing or Whole-time Director or a Manager without approval of the Central Government
Schedule VI - Infrastructural Projects or Infrastructural facilities – specification of activities to be included

27/03/2014

Chapter XXVI – Nidhis (Notified w.e.f. 01.04.14)
• Section 406 - Power to modify Act in its application to Nidhis
Chapter XXVIII - Special Courts
• Section 442 - Mediation and Conciliation Panel
Chapter XXIX – Miscellaneous
• Section 454 - Adjudication of penalties
• Section 455 - Dormant Company
• Section 464 - Prohibition of association or partnership of persons exceeding certain number

27/03/2014

Chapter XXIV – Registration Offices and Fees(Notified w.e.f. 01.04.14)
• Section 396 - Registration offices
• Section 397 - Admissibility of certain documents as evidence
• Section 398 - Provisions relating to filing of applications, documents, inspection, etc, in electronic form
• Section 399 - Inspection, production and evidence of documents kept by Registrar [except reference of word Tribunal in sub section (2)]
• Section 400 - Electronic form to be exclusive, alternative or in addition to physical form
• Section 401 - Provision of value added services through electronic form
• Section 402 - Application of provisions of Information Technology Act, 2000
• Section 403 - Fee for filing, etc
• Section 404 - Fees, etc, to be credited into public account

27/03/2014

Chapter XXIII - Government Companies(Notified w.e.f. 01.04.14)
• Section 395 - Annual Reports where one or more State Governments are members of companies

27/03/2014

Chapter XXII - Companies Incorporated Outside India (Notified w.e.f. 01.04.14)
• Section 380 - Documents, etc, to be delivered to Registrar by foreign companies
• Section 381 - Accounts of foreign company
• Section 384 - Debentures, annual return, registration of charges, books of account and their inspection
• Section 385 - Fee for registration of documents
• Section 386(a) – Interpretation [remaining provisions already notified in 2nd phase]
• Section 387 - Dating of prospectus and particulars to be contained therein
• Section 388 - Provisions as to expert’s consent and allotment
• Section 389 - Registration of prospectus
• Section 390 - Offer of Indian Depository Receipts
• Section 391(1) - Application of sections 34 to 36 and Chapter XX
• Section 392 - Punishment for contravention
• Section 393 - Company’s failure to comply with provisions of this Chapter not to affect validity of contracts, etc

27/03/2014

Chapter XXI – Companies Authorised to Register Under this Act (Notified w.e.f. 01.04.14)
• Section 366 – Companies capable of being registered
• Section 367 – Certificate of registration of existing companies
• Section 368 – Vesting of property on registration
• Section 369 – Saving of existing liabilities
• Section 370 – Continuation of pending legal proceedings (except proviso)
• Section 371 - Effects of registration under this part
• Section 374 – Obligation of companies registering under this part

27/03/2014

Chapter XIV – Inspection, Inquiry and Investigation (Notified w.e.f. 01.04.14)
• Section 206 - Power to call for information, inspect books and conduct inquiries
• Section 207 - Conduct of inspection and inquiry
• Section 208 - Report on inspection made
• Section 209 - Search and seizure
• Section 210 - Investigation into affairs of company
• Section 211 - Establishment of Serious Fraud Investigation Office
• Section 212 - Investigation into affairs of Company by Serious Fraud Investigation Office [except references of sub-sections (10) of section 66, sub-section (5) of section 140, section 213, sub-section (1) of sections 251 and sub-section (3) of section 339 made in sub-section (6) and also sub-sections (8) to (10)]
• Section 214 - Security for payment of costs and expenses of investigation
• Section 215 - Firm, body corporate or association not to be appointed as inspector
• Section 216 - Investigation of ownership of company [ except sub-section (2)]
• Section 217 - Procedure, powers, etc, of inspectors
• Section 219 - Power of inspector to conduct investigation into affairs of related companies, etc
• Section 220 - Seizure of documents by inspector
• Section 223 - Inspector’s report
• Section 224 - Actions to be taken in pursuance of inspector’s report [ except sub – section (2) & (5)]
• Section 225 - Expenses of investigation
• Section 228 - Investigation etc of foreign companies
• Section 229 - Penalty for furnishing false statement, mutilation, destruction of documents

27/03/2014

Chapter XIII - Appointment and Remuneration of Managerial Personnel (Notified w.e.f. 01.04.14)
• Section 196 - Appointment of Managing director, Whole-time Director or Manager
• Section 197 - Overall maximum Managerial Remuneration and Managerial remuneration in case of absence or inadequacy of profits
• Section 198 - Calculation of Profits
• Section 199 - Recovery of remuneration in certain cases
• Section 200 - Central Government or company to fix a limit with regard to remuneration
• Section 201 - Forms of and procedure in relation to certain applications
• Section 203 - Appointment of key managerial personnel
• Section 204 - Secretarial audit for bigger companies
• Section 205 - Functions of company secretary

27/03/2014

Chapter XII – Meetings of Board and its Powers Notified w.e.f. 01.04.14)
• Section 173 - Meetings of Board
• Section 174 – Quorum for meetings of Board
• Section 175 - Passing of Resolution by Circulation
• Section 177 - Audit Committee
• Section 178 - Nomination and Remuneration Committee and Stakeholders Relationship Committee
• Section 179 - Powers of Board
• Section 184 - Disclosure of interest by Director
• Section 186 - Loan and Investment by Company
• Section 187 - Investments of company to be held in its own name
• Section 188 - Related Party Transactions
• Section 189 - Register of contracts or arrangements in which directors are interested
• Section 190 - Contract of employment with Managing or Whole-time Directors
• Section 191 - Payment to director for loss of office, etc, in connection with transfer of undertaking property or shares
• Section 193 - Contracts by One Person Company

27/03/2014

Chapter XI - Appointment and Qualifications of Directors (Notified w.e.f. 01.04.14)
• Section 149 - Company to have Board of Directors
• Section 150 - Manner of selection of independent directors and maintenance of data bank of Independent Directors
• Section 151 - Appointment of Directors elected by Small Shareholders
• Section 152 - Appointment of Directors
• Section 153 - Application for allotment of Director Identification Number
• Section 154 - Allotment of Director Identification Number
• Section 155 - Prohibition to obtain more than one Director Identification Number
• Section 156 - Director to intimate Director Identification Number
• Section 157 - Company to inform Director Identification Number to Registrar
• Section 158 - Obligation to indicate Director Identification Number
• Section 159 - Punishment for contravention
• Section 160 - Right of persons other than retiring directors to stand for directorship
• Section 161(2) - Appointment of Additional Director, Alternate Director and Nominee Director [remaining provisions already notified in 2nd phase]
• Section 164 - Disqualifications for appointment of director
• Section 165 - Number of directorships
• Section 166 - Duties of directors
• Section 167 -Vacation of office of Director
• Section 168 - Resignation of Director
• Section 169 - Removal of Directors [except sub- section (4)]
• Section 170 - Register of Directors and Key Managerial Personnel and their shareholding
• Section 171 – Members right to Inspect
• Section 172 - Punishment

27/03/2014

Chapter X - Audit and Auditors (Notified w.e.f. 01.04.14)
• Section 139 - Appointment of auditors
• Section 140 - Removal, resignation of auditor and giving of special notice [except 2nd proviso to sub-section (4) & (5)]
• Section 141 - Eligibility, qualifications and disqualifications of auditors
• Section 142 - Remuneration of auditors
• Section 143 - Powers and duties of auditors and auditing Standards
• Section 144 - Auditor not to render certain services
• Section 145 - Auditor to sign audit reports, etc
• Section 146 - Auditors to attend general meeting
• Section 147 - Punishment for contravention
• Section 148 - Central Government to specify audit of items of cost in respect of certain companies

27/03/2014

Chapter IX - Accounts of Companies (Notified w.e.f. 01.04.14)
• Section 128 - Books of account, etc, to be kept by company
• Section 129 - Financial statement
• Section 134 - Financial statement, Board’s report, etc
• Section 136 - Right of member to copies of Audited Financial Statement
• Section 137 - Copy of financial statement to be filed with Registrar
• Section 138 - Internal audit

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