COMPARISON OF PROVISIONS OF THE COMPANIES ACT, 2013 WITH THE PROVISIONS OF THE COMPANIES ACT, 1956 **
| |||
Companies Act, 2013
|
Companies Act, 1956
| ||
Section 1
|
Short title, extent, commencement and application
|
Section 1
|
Short title, extent, commencement and application
|
Section 2
|
Definitions
|
Section 2
|
Definitions
|
Section 2(1)
|
Abridged Prospectus
|
Section 2(1)
|
Abridged Prospectus
|
Section 2(2)
|
Accounting Standards
| ||
Section 2(3)
|
Alter or Alteration
|
Section 2(1A)
|
Alter and Alteration
|
Section 2(4)
|
Appellate Tribunal
|
Section 2(1B)
|
Appellate Tribunal
|
Section 2(5)
|
Articles
|
Section 2(2)
|
Articles
|
Section 2(6)
|
Associate Company
| ||
Section 2(7)
|
Auditing Standards
| ||
Section 2(8)
|
Authorised Capital or Nominal Capital
| ||
Section 2(9)
|
Banking Company
|
Section 2(5)
|
Banking Company
|
Section 2(10)
|
Board of Directors or Board
|
Section 2(6)
|
Board of Directors or Board
|
Section 2(11)
|
Body Corporate or Corporation
|
Section 2(7)
|
Body Corporate or Corporation
|
Section 2(12)
|
Book and Paper and Book or Paper
|
Section 2(8)
|
Book and Paper/ Book or Paper
|
Section 2(13)
|
Books of Account
| ||
Section 2(14)
|
Branch Office
|
Section 2(9)
|
Branch Office
|
Section 2(15)
|
Called-Up Capital
| ||
Section 2(16)
|
Charge
| ||
Section 2(17)
|
Chartered Accountant
| ||
Section 2(18)
|
Chief Executive Officer
| ||
Section 2(19)
|
Chief Financial Officer
| ||
Section 2(20)
|
Company
|
Section 2(10)
|
Company
|
Section 2(21)
|
Company Limited by Guarantee
|
Section 2(23)
|
Limited Company
|
Section 2(22)
|
Company Limited by Shares
|
Section 2(23)
|
Limited Company
|
Section 2(23)
|
Company Liquidator
| ||
Section 2(24)
|
Company Secretary or Secretary
|
Section 2(45)
|
Secretary
|
Section 2(25)
|
Company Secretary in Practice
|
Section 2(45A)
|
Secretary in Whole-Time Practice
|
Section 2(26)
|
Contributory
| ||
Section 2(27)
|
Control
| ||
Section 2(28)
|
Cost Accountant
| ||
Section 2(29)
|
Court
|
Section 2(11)
|
The Court
|
Section 2(30)
|
Debenture
|
Section 2(12)
|
Debenture
|
Section 2(31)
|
Deposit
| ||
Section 2(32)
|
Depository
|
Section 2(12A)
|
Depository
|
Section 2(33)
|
Derivative
|
Section 2(12B)
|
Derivative
|
Section 2(34)
|
Director
|
Section 2(13)
|
Director
|
Section 2(35)
|
Dividend
|
Section 2(14A)
|
Dividend
|
Section 2(36)
|
Document
|
Section 2(15)
|
Document
|
Section 2(37)
|
Employees’ Stock Option
|
Section 2(15A)
|
Employees Stock Option
|
Section 2(38)
|
Expert
| ||
Section 2(39)
|
Financial Institution
| ||
Section 2(40)
|
Financial Statement
| ||
Section 2(41)
|
Financial Year
|
Section 2(17)
|
Financial Year
|
Section 2(42)
|
Foreign Company
| ||
Section 2(43)
|
Free Reserves
| ||
Section 2(44)
|
Global Depository Receipt
| ||
Section 2(45)
|
Government Company
|
Section 2(18)
|
Government Company
|
Section 2(46)
|
Holding Company
|
Section 2(19)
|
Holding Company
|
Section 2(47)
|
Independent Director
| ||
Section 2(48)
|
Indian Depository Receipt
| ||
Section 2(49)
|
Interested Director
| ||
Section 2(50)
|
Issued Capital
| ||
Section 2(51)
|
Key Managerial Personnel
| ||
Section 2(52)
|
Listed Company
|
Section 2(23A)
|
Listed Public Companies
|
Section 2(53)
|
Manager
|
Section 2(24)
|
Manager
|
Section 2(54)
|
Managing Director
|
Section 2(26)
|
Managing Director
|
Section 2(55)
|
Member
|
Section 2(27)
|
Member
|
Section 2(56)
|
Memorandum
|
Section 2(28)
|
Memorandum
|
Section 2(57)
|
Net Worth
|
Section 2(29A)
|
Net Worth
|
Section 2(58)
|
Notification
| ||
Section 2(59)
|
Officer
|
Section 2(30)
|
Officer
|
Section 2(60)
|
Officer Who Is In Default
|
Section 2(31)
|
Officer Who Is In Default
|
Section 2(61)
|
Official Liquidator
| ||
Section 2(62)
|
One Person Company
| ||
Section 2(63)
|
Ordinary or Special Resolution
| ||
Section 2(64)
|
Paid-Up Share Capital or Share Capital Paid-Up
|
Section 2(32)
|
Paid-Up Capital or Capital Paid Up
|
Section 2(65)
|
Postal Ballot
| ||
Section 2(66)
|
Prescribed
|
Section 2(33)
|
Prescribed
|
Section 2(67)
|
Previous Company Law
|
Section 2(34)
|
Previous Companies Law
|
Section 2(68)
|
Private Company
|
Section 2(35)
|
Private Company
|
Section 2(69)
|
Promoter
| ||
Section 2(70)
|
Prospectus
|
Section 2(36)
|
Prospectus
|
Section 2(71)
|
Public Company
|
Section 2(37)
|
Public Company
|
Section 2(72)
|
Public Financial Institution
| ||
Section 2(73)
|
Recognised Stock Exchange
|
Section 2(39)
|
Recognised Stock Exchange
|
Section 2(74)
|
Register of Companies
| ||
Section 2(75)
|
Registrar
|
Section 2(40)
|
Registrar
|
Section 2(76)
|
Related Party
| ||
Section 2(77)
|
Relative
|
Section 2(41)
|
Relative
|
Section 2(78)
|
Remuneration
| ||
Section 2(79)
|
Schedule
|
Section 2(42)
|
Schedule
|
Section 2(80)
|
Scheduled Bank
|
Section 2(43)
|
Scheduled Bank
|
Section 2(81)
|
Securities
|
Section 2(45AA)
|
Securities
|
Section 2(82)
|
Securities and Exchange Board
|
Section 2(45B)
|
Securities and Exchange Board of India
|
Section 2(83)
|
Serious Fraud Investigation Office
| ||
Section 2(84)
|
Share
|
Section 2(46)
|
Share
|
Section 2(85)
|
Small Company
| ||
Section 2(86)
|
Subscribed Capital
| ||
Section 2(87)
|
Subsidiary Company or Subsidiary
|
Section 2(47)
|
Subsidiary Company or Subsidiary
|
Section 2(88)
|
Sweat Equity Shares
| ||
Section 2(89)
|
Total Voting Power
|
Section 2(48)
|
Total Voting Power
|
Section 2(90)
|
Tribunal
|
Section 2(49A)
|
Tribunal
|
Section 2(91)
|
Turnover
| ||
Section 2(92)
|
Unlimited Company
| ||
Section 2(93)
|
Voting Right
| ||
Section 2(94)
|
Whole-Time Director
| ||
Section 2(94 A)
|
Winding Up
| ||
Section 2(95)
|
Words and Expressions
| ||
Section 3
|
Formation of company
|
Section 12
|
Mode of forming incorporated company
|
Section 4
|
Memorandum
|
Section 13
|
Requirements with respect to memorandum
|
Section 14
|
Form of memorandum
| ||
Section 15
|
Printing and signature of memorandum
| ||
Section 15A
|
Special provision as to alteration of memorandum consequent on alteration of name of State of Madras
| ||
Section 15B
|
Special provision as to alteration of memorandum consequent on alteration of name of State of Mysore
| ||
Section 20
|
Companies not to be registered with undesirable names
| ||
Section 37
|
Provision as to companies limited by guarantee
| ||
Section 5
|
Articles
|
Section 26
|
Articles prescribing regulations
|
Section 27
|
Regulations required in case of unlimited company, company limited by guarantee or private company limited by shares
| ||
Section 28
|
Adoption and application of Table A in the case of companies limited by shares
| ||
Section 29
|
Form of articles in the case of other companies
| ||
Section 30
|
Form and signature of articles
| ||
Section 6
|
Act to override memorandum, articles, etc.
|
Section 9
|
Act to override memorandum, articles, etc.
|
Section 7
|
Incorporation of company [Except sub-section (7)]
|
Section 33
|
Registration of memorandum and articles
|
Section 34
|
Effect of registration
| ||
Section 35
|
Conclusiveness of certificate of incorporation
| ||
Section 8
|
Formation of companies with charitable objects, etc. [Except sub-section (9)]
|
Section 25
|
Power to dispense with "Limited" in name of charitable or other company
|
Section 9
|
Effect of registration
| ||
Section 10
|
Effect of memorandum and articles
|
Section 36
|
Effect of memorandum and articles
|
Section 11
|
[Omitted]
|
Section 149
|
Restrictions on commencement of business
|
Section 12
|
Registered office of company
|
Section 17A
|
Change of registered office within a State
|
Section 146
|
Registered office of company
| ||
Section 147
|
Publication of name by company
| ||
Section 13
|
Alteration of memorandum
|
Section 16
|
Alteration of memorandum
|
Section 17
|
Special resolution and confirmation by Central Government required for alteration of memorandum
| ||
Section 18
|
Alteration to be registered within three months
| ||
Section 19
|
Effect of failure to register
| ||
Section 21
|
Change of name by company
| ||
Section 23
|
Registration of change of name and effect thereof
| ||
Section 14
|
Alteration of articles
| ||
Section 15
|
Alteration of memorandum or articles to be noted in every copy
|
Section 40
|
Alteration of memorandum or articles, etc., to be noted in every copy
|
Section 16
|
Rectification of name of company
|
Section 22
|
Rectification of name of company
|
Section 17
|
Copies of memorandum, articles, etc., to be given to members
|
Section 39
|
Copies of memorandum and articles, etc., to be given to members
|
Section 18
|
Conversion of companies already registered
|
Section 32
|
Registration of unlimited company as limited, etc.
|
Section 19
|
Subsidiary company not to hold shares in its holding company
|
Section 42
|
Membership of holding company
|
Section 20
|
Service of documents
|
Section 51
|
Service of documents on company
|
Section 52
|
Service of documents on Registrar
| ||
Section 53
|
Service of documents on members by company
| ||
Section 21
|
Authentication of documents, proceedings and contracts
|
Section 54
|
Authentication of documents and proceedings
|
Section 22
|
Execution of bills of exchange, etc.
|
Section 47
|
Bills of exchange and promissory notes
|
Section 48
|
Execution of deeds
| ||
Section 23
|
Public offer and private placement
|
Section 67
|
Construction of references to offering shares or debentures to the public, etc
|
Section 24
|
Power of Securities and Exchange Board to regulate issue and transfer of securities, etc.
|
Section 55A
|
Powers of Securities and Exchange Board of India
|
Section 25
|
Document containing offer of securities for sale to be deemed prospectus
|
Section 64
|
Document containing offer of shares or debentures for sale to be deemed prospectus
|
Section 26
|
Matters to be stated in prospectus
|
Section 55
|
Dating of prospectus
|
Section 56
|
Matters to be stated and reports to be set out in prospectus
| ||
Section 57
|
Expert to be unconnected with formation or management of company
| ||
Section 58
|
Expert's consent to issue of prospectus containing statement by him
| ||
Section 59
|
Penalty and interpretation
| ||
Section 60
|
Registration of prospectus
| ||
Section 27
|
Variation in terms of contract or objects in prospectus
|
Section 61
|
Terms of contract mentioned in prospectus or statement in lieu of prospectus, not to be varied
|
Section 28
|
Offer of sale of shares by certain members of company
|
-
| |
Section 29
|
Public offer of securities to be in dematerialised form
|
Section 68B
|
Initial offer of securities to be in dematerialised form in certain cases
|
Section 30
|
Advertisement of prospectus
|
Section 66
|
Newspaper advertisements of prospectus
|
Section 31
|
Shelf prospectus
|
Section 68
|
Penalty for fraudulently inducing persons to invest money
|
Section 32
|
Red herring prospectus
|
Section 60B
|
Information memorandum
|
Section 33
|
Issue of application forms for securities
| ||
Section 34
|
Criminal liability for mis-statements in prospectus
|
Section 63
|
Criminal liability for mis-statements in prospectus
|
Section 35
|
Civil liability for mis-statements in prospectus
|
Section 62
|
Civil liability for mis-statements in prospectus
|
Section 36
|
Punishment for fraudulently inducing persons to invest money
|
Section 68
|
Penalty for fraudulently inducing persons to invest money
|
Section 37
|
Action by affected persons
|
-
| |
Section 38
|
Punishment for personation for acquisition, etc., of securities
|
Section 68A
|
Personation for acquisition, etc., of shares
|
Section 39
|
Allotment of securities by company
|
Section 69
|
Prohibition of allotment unless minimum subscription received
|
Section 75
|
Return as to allotments
| ||
Section 40
|
Securities to be dealt with in stock exchanges
|
Section 73
|
Allotment of shares and debentures to be dealt in on stock exchange
|
Section 76
|
Power to pay certain commissions and prohibition of payment of all other commissions, discounts, etc.
| ||
Section 41
|
Global depository receipt
|
-
| |
Section 42
|
Offer or invitation for subscription of securities on private placement
|
Section 67
|
Construction of references to offering shares or debentures to the public, etc
|
Section 43
|
Kinds of share capital
|
Section 2(46A)
|
Share with Differential Rights
|
Section 85
|
Two kinds of share capital
| ||
Section 86
|
New issues of share capital to be only of two kinds
| ||
Section 44
|
Nature of shares or debentures
|
Section 82
|
Nature of shares or debentures
|
Section 45
|
Numbering of shares
|
Section 83
|
Numbering of shares
|
Section 46
|
Certificate of shares
|
Section 84
|
Certificate of shares
|
Section 47
|
Voting rights
|
Section 87
|
Voting rights
|
Section 48
|
Variation of shareholders' rights
| ||
Section 49
|
Calls on shares of same class to be made on uniform basis
|
Section 91
|
Calls on shares of same class to be made on uniform basis
|
Section 50
|
Company to accept unpaid share capital, although not called up
|
Section 92
|
Power of company to accept unpaid share capital, although not called up
|
Section 51
|
Payment of dividend in proportion to amount paid-up
|
Section 93
|
Payment of dividend in proportion to amount paid-up
|
Section 52
|
Application of premiums received on issue of shares
|
Section 78
|
Application of premiums received on issue of shares
|
Section 53
|
Prohibition on issue of shares at discount
|
Section 79
|
Power to issue shares at a discount
|
Section 54
|
Issue of sweat equity shares
|
Section 79A
|
Issue of sweat equity shares
|
Section 55
|
Issue and redemption of preference shares
| ||
Section 56
|
Transfer and transmission of securities
|
Section 108
|
Transfer not to be registered except on production of instrument of transfer
|
Section 108A
|
Restriction on acquisition of certain shares
| ||
Section 108B
|
Restriction on transfer of shares
| ||
Section 108C
|
Restriction on the transfer of shares of foreign companies
| ||
Section 108D
|
Power of Central Government to direct companies not to give effect to the transfer
| ||
Section 108E
|
Time within which refusal to be communicated
| ||
Section 108F
|
Nothing in sections 108A to 108D to apply to Government companies, etc
| ||
Section 108G
|
Applicability of the provisions of sections 108A to 108F
| ||
Section 108H
|
Construction of certain expressions used in sections 108A to 108G
| ||
Section 108I
|
Penalty for acquisition or transfer of share in contravention of sections 108A to 108D
| ||
Section 109
|
Transfer by legal representative
| ||
Section 110
|
Application for transfer
| ||
Section 113
|
Limitation of time for issue of certificates
| ||
Section 57
|
Punishment for personation of shareholder
|
Section 116
|
Penalty for personation of shareholder
|
Section 58
|
Refusal of registration and appeal against refusal
|
Section 111
|
Power to refuse registration and appeal against refusal
|
Section 59
|
Rectification of register of members
|
Section 111A
|
Rectification of register on transfer
|
Section 60
|
Publication of authorised, subscribed and paid-up capital
|
Section 148
|
Publication of authorised as well as subscribed and paid-up capital
|
Section 61
|
Power of limited company to alter its share capital
|
Section 94
|
Power of limited company to alter its share capital
|
Section 62
|
Further issue of share capital
|
Section 81
|
Further issue of capital
|
Section 63
|
Issue of bonus shares
| ||
Section 64
|
Notice to be given to Registrar for alteration of share capital
|
Section 94A
|
Share capital to stand increased where an order is made under section 81(4)
|
Section 95
|
Notice to Registrar of consolidation of share capital, conversion of shares into stock, etc.
| ||
Section 97
|
Notice of increase of share capital or of members
| ||
Section 65
|
Unlimited company to provide for reserve share capital on conversion into limited company
|
Section 98
|
Power of unlimited company to provide for reserve share capital on registration
|
Section 66
|
Reduction of share capital
| ||
Section 67
|
Restrictions on purchase by company or giving of loans by it for purchase of its shares
|
Section 77
|
Restrictions on purchase by company, or loans by company for purchase, of its own or its holding company's shares
|
Section 68
|
Power of company to purchase its own securities
|
Section 77A
|
Power of company to purchase its own securities
|
Section 69
|
Transfer of certain sums to capital redemption reserve account
|
Section 77AA
|
Transfer of certain sums to capital redemption reserve account
|
Section 70
|
Prohibition for buy-back in certain circumstances
|
Section 77B
|
Prohibition for buy-back in certain circumstances
|
Section 71
|
Debentures
| ||
Section 72
|
Power to nominate
|
Section 109A
|
Nomination of shares
|
Section 109B
|
Transmission of shares
| ||
Section 73
|
Prohibition on acceptance of deposits from public
|
Section 58A
|
Deposits not to be invited without issuing an advertisement
|
Section 58AA
|
Small depositors
| ||
Section 58AAA
|
Default in acceptance or refund of deposits to be cognizable
| ||
Section 58B
|
Provisions relating to prospectus to apply to advertisement
| ||
Section 59
|
Penalty and interpretation
| ||
Section 74
|
Repayment of deposits, etc., accepted before commencement of this Act
| ||
Section 75
|
Damages for fraud
| ||
Section 76
|
Acceptance of deposits from public by certain companies
| ||
Section 76A
|
Punishment for contravention of section 73 or section 76
|
Section 58A
|
Deposits not to be invited without issuing an advertisement
|
Section 77
|
Duty to register charges, etc.
|
Section 125
|
Certain charges to be void against liquidator or creditors unless registered
|
Section 128
|
Particulars in case of series of debentures entitling holders pari passu
| ||
Section 129
|
Particulars in case of commission, etc., on debentures
| ||
Section 132
|
Certificate of registration
| ||
Section 133
|
Endorsement of certificate of registration on debenture or certificate of debenture stock
| ||
Section 145
|
Application of Part to charges requiring registration under it but not under previous law
| ||
Section 78
|
Application for registration of charge
|
Section 134
|
Duty of company as regards registration and right of interested party
|
Section 79
|
Section 77 to apply in certain matters
|
Section 127
|
Registration of charges on properties acquired subject to charge
|
Section 135
|
Provisions of Part to apply to modification of charges
| ||
Section 80
|
Date of notice of charge
|
Section 126
|
Date of notice of charge
|
Section 81
|
Register of charges to be kept by Registrar
|
Section 130
|
Register of charges to be kept by Registrar
|
Section 82
|
Company to report satisfaction of charge
|
Section 138
|
Company to report satisfaction and procedure thereafter
|
Section 83
|
Power of Registrar to make entries of satisfaction and release in absence of intimation from company
|
Section 139
|
Power of Registrar to make entries of satisfaction and release in absence of intimation from company
|
Section 140
|
Copy of memorandum of satisfaction to be furnished to company
| ||
Section 84
|
Intimation of appointment of receiver or manager
|
Section 137
|
Entry in register of charges of appointment of receiver or manager
|
Section 85
|
Company's register of charges
|
Section 131
|
Index to register of charges
|
Section 136
|
Copy of instrument creating charge to be kept by company at registered office
| ||
Section 143
|
Company's register of charges
| ||
Section 144
|
Right to inspect copies of instruments creating charges and company's register of charges
| ||
Section 86
|
Punishment for contravention
|
Section 142
|
Penalties
|
Section 87
|
Rectification by Central Government in register of charges
|
Section 141
|
Rectification by Central Government of register of charges
|
Section 88
|
Register of members, etc.
|
Section 150
|
Register of members
|
Section 151
|
Index of members
| ||
Section 152
|
Register and index of debenture-holders
| ||
Section 152A
|
Register and index of beneficial owners to be of debenture-holders
| ||
Section 153
|
Trusts not to be entered on register
| ||
Section 153A
|
Appointment of public trustee
| ||
Section 153B
|
Declaration as to shares and debentures held in trust
| ||
Section 157
|
Power for company to keep foreign register of members or debenture-holders
| ||
Section 158
|
Provisions as to foreign registers
| ||
Section 89
|
Declaration in respect of beneficial interest in any share
|
Section 187C
|
Declaration by persons not holding beneficial interest in any share
|
Section 90
|
Investigation of beneficial ownership of shares in certain cases
|
Section 187D
|
Investigation of beneficial ownership of shares in certain cases
|
Section 91
|
Power to close register of members or debenture-holders or other security holders
|
Section 154
|
Power to close register of members or debenture-holders
|
Section 92
|
Annual return
|
Section 159
|
Annual return to be made by company having a share capital
|
Section 160
|
Annual return to be made by company not having a share capital
| ||
Section 161
|
Further provisions regarding annual return and certificate to be annexed thereto
| ||
Section 162
|
Penalty and interpretation
| ||
Section 93
|
Return to be filed with Registrar in case promoters' stake changes
| ||
Section 94
|
Place of keeping and inspection of registers, returns, etc.
|
Section 163
|
Place of keeping and inspection of, registers and returns
|
Section 95
|
Registers, etc., to be evidence
|
Section 164
|
Registers, etc., to be evidence
|
Section 96
|
Annual general meeting
|
Section 165
|
Statutory meeting and statutory report of company
|
Section 166
|
Annual general meeting
| ||
Section 170
|
Sections 171 to 186 to apply to meetings
| ||
Section 97
|
Power of Tribunal to call annual general meeting
| ||
Section 98
|
Power of Tribunal to call meetings of members, etc.
| ||
Section 99
|
Punishment for default in complying with provisions of sections 96 to 98
| ||
Section 100
|
Calling of extraordinary general meeting
| ||
Section 101
|
Notice of meeting
|
Section 171
|
Length of notice for calling meeting
|
Section 172
|
Contents and manner of service of notice and persons on whom it is to be served
| ||
Section 102
|
Statement to be annexed to notice
|
Section 173
|
Explanatory statement to be annexed to notice
|
Section 103
|
Quorum for meetings
|
Section 174
|
Quorum for meeting
|
Section 104
|
Chairman of meetings
|
Section 175
|
Chairman of meeting
|
Section 105
|
Proxies
| ||
Section 106
|
Restriction on voting rights
|
Section 181
|
Restriction on exercise of voting right of members who have not paid calls etc.
|
Section 182
|
Restrictions on exercise of voting right in other cases to be void
| ||
Section 183
|
Right of member to use his votes differently
| ||
Section 107
|
Voting by show of hands
|
Section 177
|
Voting to be by show of hands in first instance
|
Section 178
|
Chairman's declaration of result of voting by show of hands to be conclusive
| ||
Section 108
|
Voting through electronic means
| ||
Section 109
|
Demand for poll
|
Section 179
|
Demand for poll
|
Section 180
|
Time of taking poll
| ||
Section 184
|
Scrutineers at poll
| ||
Section 185
|
Manner of taking poll and result thereof
| ||
Section 110
|
Postal ballot
|
Section 192A
|
Passing of resolutions by postal ballot
|
Section 111
|
Circulation of members' resolution
|
Section 188
|
Circulation of members' resolutions
|
Section 112
|
Representation of President and Governors in meetings
|
Section 187A
|
Representation of the President and Governors in meetings of companies of which they are members
|
Section 187B
|
Exercise of voting rights in respect of shares held in trust
| ||
Section 113
|
Representation of corporations at meeting of companies and of creditors
|
Section 187
|
Representation of corporations at meetings of companies and of creditors
|
Section 114
|
Ordinary and special resolutions
|
Section 189
|
Ordinary and special resolutions
|
Section 115
|
Resolutions requiring special notice
|
Section 190
|
Resolutions requiring special notice
|
Section 116
|
Resolutions passed at adjourned meeting
|
Section 191
|
Resolutions passed at adjourned meetings
|
Section 117
|
Resolutions and agreements to be filed
|
Section 192
|
Registration of certain resolutions and agreements
|
Section 118
|
Minutes of proceedings of general meeting, meeting of Board of Directors and other meeting and resolutions passed by postal ballot
|
Section 193
|
Minutes of proceedings of general meetings and of Board and other meetings
|
Section 194
|
Minutes to be evidence
| ||
Section 195
|
Presumptions to be drawn where minutes duly drawn and signed
| ||
Section 196
|
Inspection of minute books of general meetings
| ||
Section 119
|
Inspection of minute-books of general meeting
|
Section 196
|
Inspection of minute books of general meetings
|
Section 120
|
Maintenance and inspection of documents in electronic form
|
-
| |
Section 121
|
Report on annual general meeting
|
-
| |
Section 122
|
Applicability of this Chapter to One Person Company
|
-
| |
Section 123
|
Declaration of dividend
| ||
Section 124
|
Unpaid Dividend Account
| ||
Section 125
|
Investor Education and Protection Fund
| ||
Section 126
|
Right to dividend, rights shares and bonus shares to be held in abeyance pending registration of transfer of shares
|
Section 206A
|
Right to dividend, rights shares and bonus shares to he held in abeyance pending registration of transfer of shares
|
Section 127
|
Punishment for failure to distribute dividends
|
Section 207
|
Penalty for failure to distribute dividends within thirty days
|
Section 128
|
Books of account, etc., to be kept by company
|
Section 209
|
Books of account to be kept by company
|
Section 214
|
Rights of holding company's representatives and members
| ||
Section 129
|
Financial statement
|
Section 210
|
Annual accounts and balance-sheet
|
Section 211
|
Form and contents of balance-sheet and profit and loss account
| ||
Section 212
|
Balance-sheet of holding company to include certain particulars as to its subsidiaries
| ||
Section 213
|
Financial year of holding company and subsidiary
| ||
Section 221
|
Duty of officer to make disclosure of payments, etc.
| ||
Section 222
|
Construction of references to documents annexed to accounts
| ||
Section 223
|
Certain companies to publish statement in the Form in Table F in Schedule I
| ||
Section 130
|
Re-opening of accounts on court's or Tribunal's orders
| ||
Section 131
|
Voluntary revision of financial statements or Board's report
| ||
Section 132
|
Constitution of National Financial Reporting Authority
| ||
Section 133
|
Central Government to prescribe accounting standards
| ||
Section 134
|
Financial statement, Board's report, etc.
|
Section 215
|
Authentication of balance-sheet and profit and loss account
|
Section 216
|
Profit and loss account to be annexed and auditors' report to be attached to balance-sheet
| ||
Section 217
|
Board's report
| ||
Section 218
|
Penalty for improper issue, circulation or publication of balance-sheet or profit and loss account
| ||
Section 135
|
Corporate Social Responsibility
|
-
| |
Section 136
|
Right of member to copies of audited financial statement
|
Section 219
|
Right of member to copies of balance-sheet and auditors' report
|
Section 137
|
Copy of financial statement to be filed with Registrar
|
Section 220
|
Three copies of balance-sheet, etc., to be filed with Registrar
|
Section 138
|
Internal audit
|
-
| |
Section 139
|
Appointment of auditors
|
Section 224
|
Appointment and remuneration of auditors
|
Section 224A
|
Auditor not to be appointed except with the approval of the company by special resolution in certain cases
| ||
Section 619
|
Application of sections 224 to 233 to Government companies
| ||
Section 140
|
Removal, resignation of auditor and giving of special notice
|
Section 225
|
Provisions as to resolutions for appointing or removing auditors
|
Section 141
|
Eligibility, qualifications and disqualifications of auditors
|
Section 226
|
Qualifications and disqualifications of auditors
|
Section 142
|
Remuneration of auditors
| ||
Section 143
|
Section 143
|
Section 227
|
Powers and duties of auditors
|
Section 228
|
Audit of accounts of branch office of company
| ||
Section 263A
|
Sections 177, 255, 256, and 263 not to be apply in relation to companies not carrying business for profit etc.
| ||
Section 144
|
Auditor not to render certain services
|
-
| |
Section 145
|
Auditor to sign audit reports, etc.
|
Section 229
|
Signature of audit report, etc.
|
Section 230
|
Reading and inspection of auditor's report
| ||
Section 146
|
Auditors to attend general meeting
|
Section 231
|
Right of auditor to attend general meeting
|
Section 147
|
Punishment for contravention
|
Section 232
|
Penalty for non-compliance with sections 225 to 231
|
Section 233
|
Penalty for non-compliance by auditor with sections 227 and 229
| ||
Section 233A
|
Power of Central Government to direct special audit in certain cases
| ||
Section 148
|
Central Government to specify audit of items of cost in respect of certain companies
|
Section 233B
|
Audit of cost accounts in certain cases
|
Section 149
|
Company to have Board of Directors
|
Section 252
|
Minimum number of directors
|
Section 253
|
Only individuals to be directors
| ||
Section 258
|
Right of company to increase or reduce the number of directors
| ||
Section 259
|
Increase in number of directors to require Government sanction
| ||
Section 150
|
Manner of selection of independent directors and maintenance of databank of independent directors
|
-
| |
Section 151
|
Appointment of director elected by small shareholders
| ||
Section 152
|
Appointment of directors
|
Section 254
|
Subscribers of memorandum deemed to be directors
|
Section 255
|
Appointment of directors and proportion of those who are to retire by rotation
| ||
Section 256
|
Ascertainment of directors retiring by rotation and filling of vacancies
| ||
Section 264
|
Consent of candidate for directorship to be filed with the company and consent to act as director to be filed with the Registrar
| ||
Section 153
|
Application for allotment of Director Identification Number
|
Section 266A
|
Application for allotment of Director Identification Number
|
Section 154
|
Allotment of Director Identification Number
|
Section 266B
|
Allotment of Director Identification Number
|
Section 155
|
Prohibition to obtain more than one Director Identification Number
|
Section 266C
|
Prohibition to obtain more than one Director Identification Number
|
Section 156
|
Director to intimate Director Identification Number
|
Section 266D
|
Obligation of director to intimate Director Identification Number to concerned company or companies
|
Section 157
|
Company to inform Director Identification Number to Registrar
|
Section 266E
|
Obligation of company to inform Director Identification Number to Registrar
|
Section 158
|
Obligation to indicate Director Identification Number
|
Section 266F
|
Obligation to indicate Director Identification Number
|
Section 159
|
Punishment for contravention
|
Section 266G
|
Penalty for contravention of provisions of section 266A or section 266C or section 266D or section 266E
|
Section 160
|
Right of persons other than retiring directors to stand for directorship
|
Section 257
|
Right of persons other than retiring directors to stand for directorship
|
Section 161
|
Appointment of additional director, alternate director and nominee director
|
Section 260
|
Additional directors
|
Section 262
|
Filling of casual vacancies among directors
| ||
Section 313
|
Appointment and term of office of alternate directors
| ||
Section 162
|
Appointment of directors to be voted individually
|
Section 263
|
Appointment of directors to be voted on individually
|
Section 163
|
Option to adopt principle of proportional representation for appointment of directors
|
Section 265
|
Option to company to adopt proportional representation for the appointment of directors
|
Section 164
|
Disqualifications for appointment of director
| ||
Section 165
|
Number of directorships
| ||
Section 166
|
Duties of directors
|
Section 312
|
Prohibition of assignment of office by directors
|
Section 167
|
Vacation of office of director
|
Section 283
|
Vacation of office by directors
|
Section 168
|
Resignation of director
|
-
| |
Section 169
|
Removal of directors
|
Section 284
|
Removal of directors
|
Section 170
|
Register of directors and key managerial personnel and their shareholding
|
Section 303
|
Register of directors, etc.
|
Section 307
|
Register of directors' shareholdings, etc.
| ||
Section 171
|
Members' right to inspect
|
Section 304
|
Inspection of the register
|
Section 172
|
Punishment
|
-
| |
Section 173
|
Meetings of Board
|
Section 285
|
Board to meet at least once in every three calender months
|
Section 286
|
Notice of meetings
| ||
Section 174
|
Quorum for meetings of Board
|
Section 287
|
Quorum for meetings
|
Section 288
|
Procedure where meeting adjourned for want of quorum
| ||
Section 175
|
Passing of resolution by circulation
|
Section 289
|
Passing of resolutions by circulation
|
Section 176
|
Defects in appointment of directors not to invalidate actions taken
|
Section 290
|
Validity of acts of directors
|
Section 177
|
Audit Committee
|
Section 292A
|
Audit Committee
|
Section 178
|
Nomination and Remuneration Committee and Stakeholders Relationship Committee
|
-
| |
Section 179
|
Powers of Board
|
Section 291
|
General powers of Board
|
Section 292
|
Certain powers to be exercised by Board only at meeting
| ||
Section 180
|
Restrictions on powers of Board
|
Section 293
|
Restrictions on powers of Board
|
Section 181
|
Company to contribute to bona fide and charitable funds, etc.
|
-
| |
Section 182
|
Prohibitions and restrictions regarding political contributions
|
Section 293A
| |
Section 183
|
Power of Board and other persons to make contributions to national defence fund, etc.
|
Section 293B
|
Power of Board and other persons to make contributions to the National, Defence Fund, etc.
|
Section 184
|
Disclosure of interest by director
|
Section 299
|
Disclosure of interests by director
|
Section 305
|
Duty of directors, etc., to make disclosure
| ||
Section 185
|
Loan to directors, etc.
|
Section 295
|
Loans to directors, etc.
|
Section 296
|
Application of section 295 to book debts in certain cases
| ||
Section 186
|
Loan and investment by company
|
Section 372A
|
Inter-corporate loans and investments
|
Section 187
|
Investments of company to be held in its own name
|
Section 49
|
Investments of company to be held in its own name
|
Section 188
|
Related party transactions
|
Section 294
|
Appointment of sole selling agents to require approval of company in general meeting
|
Section 294A
|
Prohibition of payment of compensation to sole selling agents for loss of office in certain cases
| ||
Section 294AA
|
Power of Central Government to prohibit the appointment of sole selling agents in certain cases
| ||
Section 297
|
Board's sanction to be required for certain contracts in which particular directors are interested
| ||
Section 314
|
Director, etc. not to hold office or place of profit
| ||
Section 189
|
Register of contracts or arrangements in which directors are interested
|
Section 301
|
Register of contracts, companies and firms in which directors are interested
|
Section 190
|
Contract of employment with managing or whole-time directors
|
Section 302
|
Disclosure to members of director's interest in contract appointing manager, managing director
|
Section 191
|
Payment to director for loss of office, etc., in connection with transfer of undertaking, property or shares
|
Section 319
|
Payment to director, etc., for loss of office, etc., in connection with transfer of undertaking of property
|
Section 320
|
Payment to director for loss of office, etc., in connection with transfer of shares
| ||
Section 321
|
Provisions supplementary to sections 318, 319 and 320
| ||
Section 192
|
Restriction on non-cash transactions involving directors
|
-
| |
Section 193
|
Contract by One Person Company
|
-
| |
Section 194
|
Prohibition on forward dealings in securities of company by director or key managerial personnel
|
-
| |
Section 195
|
Prohibition on insider trading of securities
|
-
| |
Section 196
|
Appointment of managing director, whole-time director or manager
|
Section 197A
|
Company not to appoint or employ certain different categories of managerial personnel at the same time
|
Section 267
|
Certain persons not to be appointed managing directors
| ||
Section 311
|
Increase in remuneration of managing director on re-appointment or appointment after Act to require Government sanction
| ||
Section 317
|
Managing director not to be appointed for more than five years at a time
| ||
Section 384
|
Firm or body corporate not to be appointed manager
| ||
Section 385
|
Certain persons not to be appointed managers
| ||
Section 388
|
Application of sections 269, 310, 311, 312 and 317 to managers
| ||
Section 197
|
Overall maximum managerial remuneration and managerial remuneration in case of absence or inadequacy of profits
|
Section 198
|
Overall maximum managerial remuneration and managerial remuneration in case of absence or inadequacy of profits
|
Section 201
|
Avoidance of provisions relieving liability of officers and auditors of company
| ||
Section 309
|
Remuneration of directors
| ||
Section 310
|
Provision for increase in remuneration to require Government sanction
| ||
Section 387
|
Remuneration of manager
| ||
Section 198
|
Calculation of profits
|
Section 349
|
Determination of net profits
|
Section 199
|
Recovery of remuneration in certain cases
|
-
| |
Section 200
|
Central Government or company to fix limit with regard to remuneration
|
Section 637AA
|
Power of Central Government to fix a limit with regard to remuneration
|
Section 201
|
Forms of, and procedure in relation to, certain applications
|
Section 640B
|
Forms of, and procedure in relation to, certain applications
|
Section 202
|
Compensation for loss of office of managing or whole-time director or manager
|
Section 318
|
Compensation for loss of office not permissible except to managing or whole-time directors or to directors who are managers
|
Section 203
|
Appointment of key managerial personnel
|
Section 269
|
Appointment of managing or whole-time director or manager to require Government approval only in certain cases
|
Section 316
|
Number of companies of which one person may be appointed managing director
| ||
Section 386
|
Number of companies of which a person may be appointed manager
| ||
Section 204
|
Secretarial audit for bigger companies
|
-
| |
Section 205
|
Functions of company secretary
|
-
| |
Section 206
|
Power to call for information, inspect books and conduct inquiries
|
Section 234
|
Power of Registrar to call for information or explanation
|
Section 207
|
Conduct of inspection and inquiry
|
Section 209A
|
Inspection of books of accounts, etc. of companies
|
Section 208
|
Report on inspection made
|
-
| |
Section 209
|
Search and seizure
|
Section 234A
|
Seizure of documents by Registrar
|
Section 210
|
Investigation into affairs of company
|
Section 235
|
Investigation of affairs of a company
|
Section 211
|
Establishment of Serious Fraud Investigation Office
|
-
| |
Section 212
|
Investigation into affairs of Company by Serious Fraud Investigation Office
|
-
| |
Section 213
|
Investigation into company's affairs in other cases
| ||
Section 214
|
Security for payment of costs and expenses of investigation
|
Section 236
|
Application by members to be supported by evidence and power to call for security
|
Section 215
|
Firm, body corporate or association not to be appointed as inspector
|
Section 238
|
Firm, body corporate or association not to be appointed as inspector
|
Section 216
|
Investigation of ownership of company
|
Section 247
|
Investigation of ownership of company
|
Section 217
|
Procedure, powers, etc., of inspectors
|
Section 240
|
Production of documents and evidence
|
Section 218
|
Protection of employees during investigation
| ||
Section 219
|
Power of inspector to conduct investigation into affairs of related companies, etc.
|
Section 239
|
Power of inspectors to carry investigation into affairs of related companies, or of managing agent or associate etc
|
Section 220
|
Seizure of documents by inspector
|
Section 240A
|
Seizure of documents by inspector
|
Section 221
|
Freezing of assets of company on inquiry and investigation
| ||
Section 222
|
Imposition of restrictions upon securities
| ||
Section 223
|
Inspector's report
|
Section 241
|
Inspectors' report
|
Section 246
|
Inspectors' report to be evidence
| ||
Section 224
|
Actions to be taken in pursuance of inspector's report
| ||
Section 225
|
Expenses of investigation
|
Section 245
|
Expenses of investigation
|
Section 226
|
Voluntary winding up of company, etc., not to stop investigation proceedings
| ||
Section 227
|
Legal advisers and bankers not to disclose certain information
| ||
Section 228
|
Investigation, etc., of foreign companies
| ||
Section 229
|
Penalty for furnishing false statement, mutilation, destruction of documents
|
-
| |
Section 230
|
Power to compromise or make arrangements with creditors and members
| ||
Section 231
|
Power of Tribunal to enforce compromise or arrangement
| ||
Section 232
|
Merger and amalgamation of companies
| ||
Section 233
|
Merger or amalgamation of certain companies
| ||
Section 234
|
Merger or amalgamation of company with foreign company
| ||
Section 235
|
Power to acquire shares of shareholders dissenting from scheme or contract approved by majority
| ||
Section 236
|
Purchase of minority shareholding
| ||
Section 237
|
Power of Central Government to provide for amalgamation of companies in public interest
| ||
Section 238
|
Registration of offer of schemes involving transfer of shares
| ||
Section 239
|
Preservation of books and papers of amalgamated companies
| ||
Section 240
|
Liability of officers in respect of offences committed prior to merger, amalgamation, etc.
| ||
Section 241
|
Application to Tribunal for relief in cases of oppression, etc.
| ||
Section 242
|
Powers of Tribunal
| ||
Section 243
|
Consequence of termination or modification of certain agreements
| ||
Section 244
|
Right to apply under section 241
| ||
Section 245
|
Class action
| ||
Section 246
|
Application of certain provisions to proceedings under section 241 or section 245
| ||
Section 247
|
Valuation by registered valuers
| ||
Section 248
|
Power of Registrar to remove name of company from register of companies
| ||
Section 249
|
Restrictions on making application under section 248 in certain situations
| ||
Section 250
|
Effect of company notified as dissolved
| ||
Section 251
|
Fraudulent application for removal of name
| ||
Section 252
|
Appeal to Tribunal
| ||
Section 253
|
[Omitted]
| ||
Section 254
|
[Omitted]
| ||
Section 255
|
[Omitted]
| ||
Section 256
|
[Omitted]
| ||
Section 257
|
[Omitted]
| ||
Section 258
|
[Omitted]
| ||
Section 259
|
[Omitted]
| ||
Section 260
|
[Omitted]
| ||
Section 261
|
[Omitted]
| ||
Section 262
|
[Omitted]
| ||
Section 263
|
[Omitted]
| ||
Section 264
|
[Omitted]
| ||
Section 265
|
[Omitted]
| ||
Section 266
|
[Omitted]
| ||
Section 267
|
[Omitted]
| ||
Section 268
|
[Omitted]
| ||
Section 269
|
[Omitted]
| ||
Section 270
|
Modes of winding up
| ||
Section 271
|
Circumstances in which company may be wound up by Tribunal
| ||
Section 272
|
Petition for winding up
| ||
Section 273
|
Powers of Tribunal
| ||
Section 274
|
Directions for filing statement of affairs
| ||
Section 275
|
Company Liquidators and their appointments
| ||
Section 276
|
Removal and replacement of liquidator
| ||
Section 277
|
Intimation to Company Liquidator, provisional liquidator and Registrar
| ||
Section 278
|
Effect of winding up order
| ||
Section 279
|
Stay of suits, etc., on winding up order
| ||
Section 280
|
Jurisdiction of Tribunal
| ||
Section 281
|
Submission of report by Company Liquidator
| ||
Section 282
|
Directions of Tribunal on report of Company Liquidator
| ||
Section 283
|
Custody of company's properties
| ||
Section 284
|
Promoters, directors, etc., to cooperate with Company Liquidator
| ||
Section 285
|
Settlement of list of contributories and application of assets
| ||
Section 286
|
Obligations of directors and managers
| ||
Section 287
|
Advisory committee
| ||
Section 288
|
Submission of periodical reports to Tribunal
| ||
Section 289
|
[Omitted]
| ||
Section 290
|
Powers and duties of Company Liquidator
| ||
Section 291
|
Provision for professional assistance to Company Liquidator
| ||
Section 292
|
Exercise and control of Company Liquidator's powers
| ||
Section 293
|
Books to be kept by Company Liquidator
| ||
Section 294
|
Audit of Company Liquidator's accounts
| ||
Section 295
|
Payment of debts by contributory and extent of set-off
| ||
Section 296
|
Power of Tribunal to make calls
| ||
Section 297
|
Adjustment of rights of contributories
| ||
Section 298
|
Power to order costs
| ||
Section 299
|
Power to summon persons suspected of having property of company, etc.
| ||
Section 300
|
Power to order examination of promoters, directors, etc.
| ||
Section 301
|
Arrest of person trying to leave India or abscond
| ||
Section 302
|
Dissolution of company by Tribunal
| ||
Section 303
|
Appeals from orders made before commencement of Act
| ||
Section 304
|
[Omitted]
| ||
Section 305
|
[Omitted]
| ||
Section 306
|
[Omitted]
| ||
Section 307
|
[Omitted]
| ||
Section 308
|
[Omitted]
| ||
Section 309
|
[Omitted]
| ||
Section 310
|
[Omitted]
| ||
Section 311
|
[Omitted]
| ||
Section 312
|
[Omitted]
| ||
Section 313
|
[Omitted]
| ||
Section 314
|
[Omitted]
| ||
Section 315
|
[Omitted]
| ||
Section 316
|
[Omitted]
| ||
Section 317
|
[Omitted]
| ||
Section 318
|
[Omitted]
| ||
Section 319
|
Power of Company Liquidator to accept shares, etc., as consideration for sale of property of company
| ||
Section 320
|
Distribution of property of company
| ||
Section 321
|
[Omitted]
| ||
Section 322
|
[Omitted]
| ||
Section 323
|
Costs of voluntary winding up
| ||
Section 324
|
Debts of all descriptions to be admitted to proof
| ||
Section 325
|
[Omitted]
| ||
Section 326
|
Overriding preferential payments
| ||
Section 327
|
Preferential payments
| ||
Section 328
|
Fraudulent preference
| ||
Section 329
|
Transfers not in good faith to be void
| ||
Section 330
|
Certain transfers to be void
| ||
Section 331
|
Liabilities and rights of certain persons fraudulently preferred
| ||
Section 332
|
Effect of floating charge
| ||
Section 333
|
Disclaimer of onerous property
| ||
Section 334
|
Transfers, etc., after commencement of winding up to be void
| ||
Section 335
|
Certain attachments, executions, etc., in winding up by Tribunal to be void
| ||
Section 336
|
Offences by officers of companies in liquidation
| ||
Section 337
|
Penalty for frauds by officers
| ||
Section 338
|
Liability where proper accounts not kept
| ||
Section 339
|
Liability for fraudulent conduct of business
| ||
Section 340
|
Power of Tribunal to assess damages against delinquent directors, etc.
| ||
Section 341
|
Liability under sections 339 and 340 to extend to partners or directors in firms or companies
| ||
Section 342
|
Prosecution of delinquent officers and members of company
| ||
Section 343
|
Company Liquidator to exercise certain powers subject to sanction
| ||
Section 344
|
Statement that company is in liquidation
| ||
Section 345
|
Books and papers of company to be evidence
| ||
Section 346
|
Inspection of books and papers by creditors and contributories
| ||
Section 347
|
Disposal of books and papers of company
| ||
Section 348
|
Information as to pending liquidations
| ||
Section 349
|
Official Liquidator to make payments into public account of India
| ||
Section 350
|
Company Liquidator to deposit monies into scheduled bank
| ||
Section 351
|
Liquidator not to deposit monies into private banking account
| ||
Section 352
|
Company Liquidation Dividend and Undistributed Assets Account
| ||
Section 353
|
Liquidator to make returns, etc.
| ||
Section 354
|
Meetings to ascertain wishes of creditors or contributories
| ||
Section 355
|
Court, tribunal or person, etc., before whom affidavit may be sworn
| ||
Section 356
|
Powers of Tribunal to declare dissolution of company void
| ||
Section 357
|
Commencement of winding up by Tribunal
| ||
Section 358
|
Exclusion of certain time in computing period of limitation
| ||
Section 359
|
Appointment of Official Liquidator
| ||
Section 360
|
Powers and functions of Official Liquidator
| ||
Section 361
|
Summary procedure for liquidation
| ||
Section 362
|
Sale of assets and recovery of debts due to company
| ||
Section 363
|
Settlement of claims of creditors by Official Liquidator
| ||
Section 364
|
Appeal by creditor
| ||
Section 365
|
Order of dissolution of company
| ||
Section 366
|
Companies capable of being registered
|
Section 565
|
Companies capable of being registered
|
Section 367
|
Certificate of registration of existing companies
|
Section 574
|
Certificate of registration of existing companies
|
Section 368
|
Vesting of property on registration
|
Section 575
|
Vesting of property on registration
|
Section 369
|
Saving of existing liabilities
|
Section 576
|
Saving for existing liabilities
|
Section 370
|
Continuation of pending legal proceedings
|
Section 577
|
Continuation of pending legal proceedings
|
Section 371
|
Effect of registration under this Part
|
Section 578
|
Effect of registration under Part
|
Section 372
|
Power of Court to stay or restrain proceedings
| ||
Section 373
|
Suits stayed on winding up order
| ||
Section 374
|
Obligations of companies registering under this Part
|
-
| |
Section 375
|
Winding up of unregistered companies
| ||
Section 376
|
Power to wind up foreign companies, although dissolved
| ||
Section 377
|
Provisions of Chapter cumulative
| ||
Section 378
|
Saving and construction of enactments conferring power to wind up partnership firm, association or company, etc., in certain cases
| ||
Section 379
|
Application of Act to foreign companies
|
-
| |
Section 380
|
Documents, etc., to be delivered to Registrar by foreign companies
|
Section 592
|
Documents, etc., to be delivered to Registrar by foreign companies carrying on business in India
|
Section 593
|
Return to be delivered to Registrar by foreign company where documents, etc., altered
| ||
Section 381
|
Accounts of foreign company
|
Section 594
|
Accounts of foreign company
|
Section 382
|
Display of name, etc., of foreign company
|
Section 595
|
Obligation to state name of foreign company, whether limited, and country where incorporated
|
Section 383
|
Service on foreign company
|
Section 596
|
Service on foreign company
|
Section 384
|
Debentures, annual return, registration of charges, books of account and their inspection
|
Section 600
|
Registration of charges, appointment of receiver and books of account
|
Section 385
|
Fee for registration of documents
|
Section 601
|
Fees for registration of documents under Part
|
Section 386
|
Interpretation
|
Section 602
|
Interpretation of foregoing sections of Part
|
Section 387
|
Dating of prospectus and particulars to be contained therein
|
Section 603
|
Dating of prospectus and particulars to be contained therein
|
Section 388
|
Provisions as to expert's consent and allotment
|
Section 604
|
Provisions as to expert's consent and allotment
|
Section 389
|
Registration of prospectus
|
Section 605
|
Registration of prospectus
|
Section 390
|
Offer of Indian Depository Receipts
|
Section 605A
|
Offer of Indian Depository Receipts
|
Section 391
|
Application of sections 34 to 36 and Chapter XX
| ||
Section 392
|
Punishment for contravention
|
Section 598
|
Penalties
|
Section 606
|
Penalty for contravention of sections 603, 604 and 605
| ||
Section 393
|
Company's failure to comply with provisions of this Chapter not to affect validity of contracts, etc.
|
Section 599
|
Company's failure to comply with Part not to affect its liability under contracts, etc.
|
Section 394
|
Annual reports on Government companies
|
Section 619A
|
Annual reports on Government companies
|
Section 395
|
Annual reports where one or more State Governments are members of companies
|
-
| |
Section 396
|
Registration offices
|
Section 609
|
Registration offices
|
Section 397
|
Admissibility of certain documents as evidence
|
Section 610A
|
Admissibility of micro films, facsimile copies of documents, computer printouts and documents on computer media as documents and as evidence
|
Section 398
|
Provisions relating to filing of applications, documents, inspection, etc., in electronic form
|
Section 610B
|
Provisions relating to filing of applications, documents, inspection, etc., through electronic form
|
Section 399
|
Inspection, production and evidence of documents kept by Registrar
|
Section 610
|
Inspection, production and evidence of documents kept by Registrar
|
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 610D
|
Providing of value added services through electronic form
|
Section 402
|
Application of provisions of Information Technology Act, 2000
|
Section 610E
|
Application of provision of Act 21 of 2000
|
Section 403
|
Fee for filing, etc.
| ||
Section 404
|
Fees, etc., to be credited into public account
|
Section 612
|
Fees, etc., paid to Registrar and other officers to be accounted for to Central Government
|
Section 405
|
Power of Central Government to direct companies to furnish information or statistics
|
Section 615
|
Power of Central Government to direct companies to furnish information or statistics
|
Section 406
|
Power to modify Act in its application to Nidhis
|
Section 620A
|
Power to modify Act in its application to Nidhis, etc.
|
Section 407
|
Definitions
| ||
Section 408
|
Constitution of National Company Law Tribunal
|
Section 10FB
|
Constitution of National Company Law Tribunal
|
Section 10FC
|
Composition of Tribunal
| ||
Section 409
|
Qualification of President and Members of Tribunal
|
Section 10FD
|
Qualifications for appointment of President and Members
|
Section 410
|
Constitution of Appellate Tribunal
|
Section 10FR
|
Constitution of Appellate Tribunal
|
Section 411
|
Qualifications of chair-person and Members of Appellate Tribunal
|
-
| |
Section 412
|
Selection of Members of Tribunal and Appellate Tribunal
|
Section 10FX
|
Selection Committee
|
Section 413
|
Term of office of President, chairperson and other Members
|
Section 10FE
|
Term of office of President and Members
|
Section 10FT
|
Term of office of Chairperson and Member
| ||
Section 414
|
Salary, allowances and other terms and conditions of service of Members
| ||
Section 415
|
Acting President and Chairperson of Tribunal or Appellate Tribunal
| ||
Section 416
|
Resignation of Members
| ||
Section 417
|
Removal of Members
| ||
Section 418
|
Staff of Tribunal and Appellate Tribunal
| ||
Section 419
|
Benches of Tribunal
| ||
Section 420
|
Orders of Tribunal
| ||
Section 421
|
Appeal from orders of Tribunal
| ||
Section 422
|
Expeditious disposal by Tribunal and Appellate Tribunal
| ||
Section 423
|
Appeal to Supreme Court
| ||
Section 424
|
Procedure before Tribunal and Appellate Tribunal
| ||
Section 425
|
Power to punish for contempt
| ||
Section 426
|
Delegation of powers
| ||
Section 427
|
President, Members, officers, etc., to be public servants
| ||
Section 428
|
Protection of action taken in good faith
| ||
Section 429
|
Power to seek assistance of Chief Metropolitan Magistrate, etc.
| ||
Section 430
|
Civil court not to have jurisdiction
| ||
Section 431
|
Vacancy in Tribunal or Appellate Tribunal not to invalidate acts or proceedings
| ||
Section 432
|
Right to legal representation
| ||
Section 433
|
Limitation
| ||
Section 434
|
Transfer of certain pending proceedings
| ||
Section 435
|
Establishment of Special Courts
| ||
Section 436
|
Offences triable by Special Courts
| ||
Section 437
|
Appeal and revision
| ||
Section 438
|
Application of Code to proceedings before Special Court
| ||
Section 439
|
Offences to be non-cognizable
|
Section 621
|
Offences against Act to be cognizable only on complaint by Registrar, shareholder or Government
|
Section 624
|
Offences to be non-cognizable
| ||
Section 440
|
Transitional proviksions
| ||
Section 441
|
Compounding of certain offences
| ||
Section 442
|
Mediation and Conciliation Panel
|
-
| |
Section 443
|
Power of Central Government to appoint company prosecutors
|
Section 624A
|
Power of Central Government to appoint company prosecutors
|
Section 444
|
Appeal against acquittal
|
Section 624B
|
Appeal against acquittal
|
Section 445
|
Compensation for accusation without reasonable cause
|
-
| |
Section 446
|
Application of fines
|
Section 626
|
Application of fines
|
Section 447
|
Punishment for fraud
|
-
| |
Section 448
|
Punishment for false statement
|
Section 628
|
Penalty for false statements
|
Section 449
|
Punishment for false evidence
|
Section 629
|
Penalty for false evidence
|
Section 450
|
Punishment where no specific penalty or punishment is provided
|
Section 629A
|
Penalty where no specific penalty is provided elsewhere in the Act
|
Section 451
|
Punishment in case of repeated default
|
-
| |
Section 452
|
Punishment for wrongful withholding of property
|
Section 630
|
Penalty for wrongful withholding of property
|
Section 453
|
Punishment for improper use of "Limited" or "Private Limited"
|
Section 631
|
Penalty for improper use of words "Limited" and "Private Limited"
|
Section 454
|
Adjudication of penalties
|
-
| |
Section 455
|
Dormant company
|
-
| |
Section 456
|
Protection of action taken in good faith
|
Section 635A
|
Protection of acts done in good faith
|
Section 457
|
Non-disclosure of information in certain cases
|
Section 635AA
|
Non-disclosure of information in certain cases
|
Section 458
|
Delegation by Central Government of its powers and functions
|
Section 637
|
Delegation by Central Government of its powers and functions under Act
|
Section 459
|
Powers of Central Government or Tribunal to accord approval, etc., subject to conditions and to prescribe fees on applications
|
Section 637AA
|
Power of Central Government to fix a limit with regard to remuneration
|
Section 460
|
Condonation of delay in certain cases
|
Section 637B
|
Condonation of delays in certain cases
|
Section 461
|
Annual report by Central Government
|
Section 638
|
Annual report by Central Government
|
Section 462
|
Power to exempt class or classes of companies from provisions of this Act
|
-
| |
Section 463
|
Power of court to grant relief in certain cases
|
Section 633
|
Power of court to grant relief in certain cases
|
Section 464
|
Prohibition of association or partnership of persons exceeding certain number
|
Section 11
|
Prohibition of associations and partnerships exceeding certain number
|
Section 465
|
Section 465
| ||
Section 466
|
Dissolution of Company Law Board and consequential provisions
| ||
Section 467
|
Power of Central Government to amend Schedules
|
Section 641
|
Power to alter Schedules
|
Section 468
|
Powers of Central Government to make rules relating to winding up
|
Section 643
|
Power of Central Governments to make rules relating to winding up
|
Section 469
|
Power of Central Government to make rules
|
Section 642
|
Power of Central Government to make rules
|
Section 470
|
Power to remove difficulties
|
-
| |
Schedule
|
SCHEDULE I
|
Schedule 1
|
SCHEDULE 1
|
Schedule
|
SCHEDULE II
|
Schedule 14
|
SCHEDULE 14
|
Schedule
|
SCHEDULE III
|
Schedule 6
|
SCHEDULE 6
|
Schedule
|
SCHEDULE IV
|
-
| |
Schedule
|
SCHEDULE V
|
Schedule 13
|
SCHEDULE 13
|
Schedule
|
SCHEDULE VI
|
-
| |
Schedule
|
SCHEDULE VII
|
-
| |
**. The Companies Act, 2013 has repealed the Companies Act, 1956.