Analysis of section 383a of companies act 1956 pdf

The companies act 1956 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the companies act 1956 national security, others, procedural and administration, property related, public utilities, shipping laws, tax laws. Liability of partners shall be limited to except in case of unauthorized acts, fraud and negligence. A detailed analysis of the companys performance is discussed in the management discussion and analysis report, which forms part of this annual. Companies issue of share capital with differential voting rights rules, 2001 view download. Companies declaration of beneficial interest in shares rules, 1975 view download. Provided that the provisions of this sub section shall not affect, i a company from acquiring any. Section 3a members severally liable in certain cases section 4 memorandum.

Companies registered under securities exchange board of india sebi. Section 3 38 of general clauses act 1897 defines offence as any act or omission made punishable by any law for the time being in force. Section 1866 of the act provides that those companies which are registered under section 12 of sebi act, 1992 and other prescribed companies can take intercorporate loans or deposits exceeding the prescribed limit. Introductionthe word company is amalgamation of the latin word com meaning with or together and pains means bread. Analysis of section 26 section 26 of the llp act provides that for the purpose of the business of llp every partner of the llp is the agent of the llp and not of other partners. Section 383a 1 in the companies act, 1956 1 every company 3 having such paid up share capital as may be prescribed shall have a whole time secretary, and where the board of directors of any such company comprises only two directors. Basis companies act 1956 companies act 20 commentsremarks 1. Section 2n of criminal procedure code 1973 crpc also defines offence similarly. Prevention of corruption act central bureau of investigation. The draft red herring prospectus will be updated upon roc filing 100% book building issue our company was originally incorporated in maharashtra as automark traffic systems private limited on february 12, 1988 under the companies act, 1956 vide certificate of incorporation issued by the registrar of companies, maharashtra. Special offer on gst package for cas as per the mou with icai. Act in certain respects, and certain rules, binding on state delegation and assignment.

A comparison of the companies act, 20 and the companies act, 1956 has not been included in this book since such a comparison may result in confusion to the students. April 2020 edition of my ebook on the companies act, 20 is available for sale from april 1, 2020. The companies act, 1956 existing act contains 658 sections and xv schedules. Application of section 295 to book debts in certain cases. As you know that companies act, 20 has been published in the gazette for public information with the information that it will become applicable once it is notified by the central government ministry of corporate affairs to replace the present companies act, 1956. Please read section 60b of the companies act, 1956 100%. Major rules and regulations under the companies act, 1956. The efforts of the company were not fruitful, however company is. In terms of section 17 of the financial services laws general amendment act, no. Cs appointment limit for companies increased to 5 crore. Pdf processed with cutepdf evaluation edition 28th annual report.

The journey of the company secretary has been a long and arduous one. Section 2 definitions section 3 formation of company. In this flash editorial, the auditor begins by referring the provisions of section 203 of companies act, 20 and section 383a of companies act, 1956 concerning to the whole time company secretary of the company also makes an endeavor to light up on provisions of penalty on non appointment company secretary via decided case laws. Analysis of section 383a and section 581x of the companies act, 1956. Full text containing the act, companies act, 1956, with all the sections, schedules, short title, enactment date, and footnotes. Companies disqualification of directors under section 2741g of the companies act, 1956 rules, 2003 view download. Every company 3 having such paid up share capital as may be prescribed shall have a whole time secretary, and where the board of directors of any such company comprises only two directors. Companies act, 1956 bare acts law library advocatekhoj. Firm or body corporate not to be appointed manager. This is the second part of the series, which will focus on the exceptions to the section 297, 299 and 300 of the companies act, 1956. Companies act 20 vs companies act 1956 the companies act, 20 has been passed by lok sabha as well as rajya sabha and the president has given his consent to the same in august 20.

As per section 383a of the companies act, 1956 every company with a paid up capital of rs. But central government approval is not required uls 188 of the companies act, 20. Central, provincial or state act, or an authority or a body owned or controlled or aided by the government or a government company as defined in section 617 of the companies act, 1956. As per the auditors report, the company has entered into certain related party transactions and consequently entries have been made in the register maintained under section 301 of the act.

The article deals with the distinction between companies act 1956 and companies act 20. Analysis of section 383a and section 581x of the companies. Distinction between companies act 1956 and companies act 20. Companies act 1956 section 227 citation 11158 bare act. Insight on section 186 of the new companies act, 20. Loan and investment by company effective from 1st april, 2014 1 without prejudice to the provisions contained in this act, a company shall unless otherwise prescribed, make investment through not more than two layers of investment companies. Pension funds second act, 2001 to amend the pension funds act, 1956, so as to make new provision for the apportionment of actuarial surpluses and for minimum benefits. As required under section 383a of the companies act, 1956, a compliance certificate has been obtained from. In respect of requirements of special resolution under section 180 of the said act, as against ordinary resolution required by the companies act 1956, if notice for any such general meeting was issued prior to 12. Section 383a 1 in the companies act, 1956 1 every company 3 having such paid up share capital as may be prescribed shall have a whole time secretary, and where the board of directors of any such company comprises only two directors, neither of them shall be the secretary of the company. Draft red herring prospectus please read section 60b. Section 345 of the companies act 1973 was retained in subitem 91 to enable a determination to be made in terms of section 793 of the companies act 2008 that a company is or may be insolvent even though the application was made in terms of either section 80 or 81 of the companies act 2008 for its windingup as a socalled. Representative for the applicantsdefaulters herein, submitted that the company has failed to appoint a wholetime company secretary of the company for period from 10. A pvt ltd company have paid up capital of rs 100 cr and appointed cs as per sec 383 a of companies act 1956 cs resigned after 3months of appointment my query is that is compalsary to appoint new cs by company for remainig period of year.

Please read section 60b of the companies act, 1956 100% book built issue risk in relation to the first issue this being the first public issue of equity shares of our company, there has been no formal market for the equity shares of our company. A separate report of management discussion and analysis as required. In exercise of the powers conferred by clauses a and b of sub section 1 of section 642 read with clause 45 of section 2 and section 383a of the companies act, 1956 1 of 1956, the central government hereby makes the following rules further to amend the companies appointment and qualifications of secretary rules, 1988, namely. Also, icai has made it clear that the comparison of the companies act, 20 and companies act, 1956 would not be asked in the exams. Companies act in pdf is available for students and professionals. The companies amendment act, 2000 has inserted a new provision to the sub. Section 186 of companies act, 20 loan and investment. In terms of section 383a 1 of the companies act, 1956, and companies compliance certificate rules, 2001, the certificate issued by ms n. Ebook on companies act 20 in pdf april 2020 edition. For proper appreciation of the whole case, it is necessary to refer to the provisions of the companies act, 1956 20 and factories act.

Offences committed by persons other than a company or its officers like trustees, liquidators, contributories etc. The companies act 1956 section 383a certain companies to. Short title, commencement and extent 1 this act may be called the companies act, 1956. The relevant provisions of the companies act, 20 are reproduced below.