The companies act 20 is an act of the parliament of india on indian company law which. Definition of close relative as per section 277 of the companies act 20. Subsection 77 of section 2 of the companies act 20 defines relatives as below. The indian companies act, 1956 basic concept the word company. The companies act, 20 passed by the parliament has received the assent of the president of india on 29th august, 20. Companies issue of share capital with differential voting rights. The directors who vote in favour of a resolution required by subsection 1 or subsection 2, as the case may be, must sign a certificate stating that, in their opinion, the condition set out in subsection 1. Section 192 of the companies act, 1956 contains the provisions similar to the provisions of section 117 of the companies act, 20. It was mostly repealed from 1 may 2004 by the sexual offences act 2003 which replaced it, but sections 33 to 37 still survive. The word company means an association formed by a number of persons for some common object. The companies act,1956 private companies are subject to following restrictions under the above mentioned section. Consequences of noncompliance of section 31iii of the. Mar 05, 20 meaning of section 224 of the companies act, 1956 need be given.
Definitions of company, existing company, private company and public company 4. The board or board of directors the board or the board of directors in relation to a company means the board of directors of the company. Section 2274a of the companies act, 1956 1956 act required that the auditors report of. The deposit corporation act, 1961 of 1963 1963, of indi act. Form 32 is filed with the registrar of companies and it indicates the status of the directors. Section 339 of companies act, 20 corporate law reporter. However, if the company files the form 32 on 10th of may, then details in a separate form would be required to be filed in respect of director a. Refer the relevant provisions of the companies act, 1956 and rules made there under with respect to. Not later than 1 year after the date of enactment of this act oct. Particulars of managing director or directors or manager or. In view of the applicability of the provisions of section 314 of the companies act, 1956, the resolution is required to be passed as a special resolution and mr.
Liability for fraudulent conduct of business effective from 9th september, 2016 to the extent of their applicability to section 246, complete section effective from 15th december, 2016 1 if in the course of the winding up of a company, it appears that any business of the company has been carried on with intent to. When such an association of persons is registered under the companies act, it becomes an artificial person with perpetual succession and common seal. Companies act, 1963, section 316 irish statute book. Indicate registrar of companies roc reference number for name approval2. Short title, commencement and extent 1 this act may be called the companies act, 1956. Companies not to be registered with undesirable names 21. Get multiple slide sharing options for your powerpoint, keynote and pdf presentations.
Pursuant to sections 331 and 2 of the ihndi companies. Relative means, with reference to any person, means any one who is related to another, if i they are members of a hindu undivided family. Companies act 1993 no 105 as at january 2020, public act. Full text containing the act, companies act, 1956, with all the sections, schedules, short title, enactment date, and footnotes. Companies act 2006, schedule 1 is up to date with all changes known to be in force on or before 17 april 2020. Companies disqualification of directors under section 2741g of the companies act, 1956 rules, 2003 view download. The companies act, 20 has been notified in the official gazette on 30th august, 20 but the provisions of this act shall come into force on such dates as the central government may notify in the. The companies act, 1956 particulars of appointment of directors and manager and changes among them pursuant to section 3032 name of company presented by note. Section 316 provides that within one month after the allotment of debentures including debenture stock, a company must deliver to the registrar a return of the allotment in the specified form for registration. Indian companies act 1956 was an act of the parliament of india, enacted in 1956, which enabled. The old section 192 of companies act, 1956 has undergone a metamorphosis of sorts with the new section 117 of the companies act, 20.
Number of companies of which one person may be appointed managing director. Joint holders to be counted as one member for the purpose of deciding the number of members. Rule 15 6 provides that special resolution passed under section 941 shall be filed with the registrar at least one day before the date of general meeting of the company in form mgt 14. Jun 12, 2014 related party transaction notified related party with reference to a company, means. Related party transaction notified related party with reference to a company, means. The new companies act, 20 provides the central government of india, the exclusive rights to incorporate, regulate, control, and terminate all various categories of entities in diverse sectors located within the country.
An act to consolidate and amend the law relating to companies. Companies compliance certificate rules, 2001 view download. Number of companies of which one person may be appointed managing director 317. Aug 15, 2012 section 309 of the companies act, 1956 remuneration of directors approval of central government under section 309 not required in case of increase in remuneration of nonwhole time directors of a company solely on account of payment of service tax on commission payable to them by the company. Oct 16, 2014 members voluntary windingup see section 350 of the companies act 61 of 1973 a certified copy of the members resolution to wind up must be forwarded to the registrar of deeds by the company, in terms of section 3573 of the companies act, as must any order of court affecting such resolution. The companies act, 1956 particulars of appointment of directors and manager and changes among them pursuant to section 3032 name of company. Companies act, can be provided as an optional attachment. Section 2104 in the companies act, 1956 4 the period to which the account aforesaid relates is referred to in this act as a financial year.
This an act to consolidate and amend the law relating to companies. Section 117 refers to filing of certain resolutions or agreements together with explanatory statements, if any under section 192 of the ca 20 within 30 days of the passing thereof. Book companies act 1956 pdf download book companies act 1956 by pdf download author written the book namely companies act 1956 author pdf download study material of companies act 1956 pdf download lacture notes of companies act 1956 pdf. Independent auditors report to the board of directors of. In such cases, form 32, under the companies act, 1956 comes to aid. Companies act, 1956 bare acts law library advocatekhoj. Change of name of existing private limited companies 25. Company act what is definition of company act 1956. Companies act 1993 no 105 as at january 2020, public. This article describes in detail the new concepts introduced in the companies act, 20. Act, 1964 of 1904 of the disputes 35 of corporations 57 of the banking comp.
Members voluntary windingup see section 350 of the companies act 61 of 1973 a certified copy of the members resolution to wind up must be forwarded to the registrar of deeds by the company, in terms of section 3573 of the companies act, as must any order of court affecting such. Pdf companies act 1956 and 20 pdf download, high quality. Oct 10, 2014 10 october 2014 please tell me which is comparative section for section 211 3c of the companies act, 1956 under new companies act, 20. Where, at the commencement of this act, any person is holding the office either of managing director or of manager in more than 5 two companies of which each one or at least one is a public company or a private company which is a subsidiary of a public company, he shall, within one year from the commencement of 6 the companies amendment act, 1960, 65 of 1960.
Where the provisions, under clause iii of sub section 1 of section 3 of the companies act, 1956, are required to be included in the articles of a company in order to constitute a private company, but default is made in complying with any of those provisions, the company shall cease to be entitled to the privileges and exemptions conferred on private companies, by or under the act and the. If a company has no particulars to be included in one or two of the headings a, b and c, the parts. Companies act 1956 section 211 citation 11141 bare act. Slide sharing share powerpoint, keynote, pdf presentations. Companies act 1956 by study material lecturing notes pdf. Securities contracts regulation act, 1956 42 of 1956 an act to prevent undesirable transactions in securities by regulating the business of dealing therein, 1 by providing for certain other matters connected therewith. Registration of change of name and effect thereof 24. Provisions in relation to documents delivered to registrar of companies. The pdf file you are about to download is not created by writinglaw. A company and 1 or more other companies that is or that are directly or indirectly wholly owned by it may amalgamate and continue as 1 company being the company first referred to without complying with section 220 and section 221 if. Changes that have been made appear in the content and are referenced with annotations.
Thus when a director resigns, and his resignation is accepted by the company, the company becomes obliged to file a form 32 with the roc indicating change in status of the directors. There are changes that may be brought into force at a future date. Section 3163 in the companies act, 1956 indian kanoon. Particulars of managing director or directors or manager. Where the provisions, under clause iii of subsection 1 of section 3 of the companies act, 1956, are required to be included in the articles of a company in order to constitute a private company, but default is made in complying with any of those provisions, the company shall cease to be entitled to the privileges and exemptions conferred on private companies, by or under the.
In this act, unless the context otherwise requires. Section 309 of the companies act, 1956 remuneration of directors approval of central government under section 309 not required in case of increase in remuneration of nonwhole time directors of a company solely on account of payment of service tax on commission payable to them by the company. Provided that it may extend to eighteen months where special permission has been granted in that behalf by the. Address of theservice request number srn of form 32 registered office of the company 3a. If you agree then only proceed to download companies act 20 pdf. Power to dispense with limited in name of charitable or other company 26. Pursuant to sections 331 and 2 of the companies act, 1956 1. Draft articles of association with proposed amendments sun pharma. Companies act with its variations is a stock short title used for legislation in botswana, hong. Be it enacted by parliament in the sixtyfourth year of the republic of india as follows. Name of the companyuse additional form 32 addendum if required. Translation of various heads of accounts has been done in terms of accounting standards referred to in section 21c of the companies act,1956 b. Company scheduled to be held on 28th may,199417th september, 2016.
The act or the said act the act or the said act means the companies act, 1956 and includes any reenactment or statutory modification thereof for the time being in force. Section 316 in the companies act, 1956 indian kanoon. Bjs reappointment shall be subject to approval of the central government which shall take effect from such date as may be approved by the central government in this regard. Apr 04, 20 the companies act 1956, indian bare acts at, a website for indian laws and bare acts, legal advice and law documents, companies act 1956. Companies declaration of beneficial interest in shares rules, 1975 view download. Presentation of accounts are in terms of schedule vi of companies act,1956 including disclosure of necessary information as laid down under section 2111 and 2112 of companies act,1956.
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