Employee relations throughout the company were harmonious. Section 6 act to override memorandum, articles, etc. Section 552 0fficial liquidator to make payments into the public account of india. Directors report to, axis trustee services limited. Section 383 secretaries and treasurers not to sell goods or articles produced by company, etc. Companies branch audit exemption rules, 1961 view download. Number of companies of which a person may be appointed manager. Private limited with ms fern healthcare private limited from 31. Companies compliance certificate rules, 2001 view download. Companies act the companies act is a successor to the indian companies act of 19 and is a consolidation of many successive amendment acts, statutory rules and principles laid down in decisions of. That the deponent further craves leave to submit that the registrar of.
According to section 383a of companies act, 1956, every company having a paid up capital of rs 5 crores shall have a full time company secretary. 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. All this will change with the implementation of companies act 20. Download these 8 free sample professional compliance certificate templates to help you prepare your own compliance certificate. As per section 383a of the companies act, 1956 every company with a paid up capital of rs. The companies act 1956 indian bare acts india bare act. Offences committed by persons other than a company or its officers like trustees, liquidators, contributories etc. The company has maintained proper secretarial records as required by companies act, 1956. 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. Analysis of section 383a and section 581x of the companies.
Section 6 of the general clauses act, 1897 10 of 1897 to apply in addition to sections 645 to 657 of act. The advantages of section 25 companies over other companies registered under companies act are discussed below. In terms of section 383a1 of the companies act, 1956, and companies compliance certificate rules, 2001, the certificate issued by ms n. Short title, commencement and extent 1 this act may be called the companies act, 1956.
Pursuant to the provisions of section 383a of the companies act, 1956, the company has obtained certificate from pramod s. Companies act 1956 section 227 citation 11158 bare act. Form 20 b annual return annual return is to be filed by companies having share capital under section 159 of companies act, 1956. Vijaykumar jatia who retires by rotation and being. The central government in exercise of the powers conferred under section 642 and section 383a of the companies act, 1956 has amended the companies appointment and qualifications of secretary rules, 1988 vide notification no. Compliance certificate pursuant to proviso to section 383a of the companies act, 1956, a certificate from the company secretary in wholetime practice in respect of compliance by the company with all provisions of the companies act,1956, is annexed to this report. Firm or body corporate not to be appointed manager 385. Section 3a members severally liable in certain cases section 4 memorandum. As required by the said section the certificate is attached to this report. Companies act 1956 by study material lecturing notes pdf. Saving of prosecutions instituted by liquidator or court under section 237 of act 7 of 19. Compliance certificate under section 383a of the companies act, 1956 and of the auditors thereon. Act, 1960, choose not more than two of those companies as companies in which he wishes to continue to hold the office of managing director or manager, as the case may be.
Compliance certificate issued under subsection 1 of section 383a of the companies act,1956 by the practicing company secretary for your company is attached to this report. The company to which proviso to subsection 1 of section 383a is applicable, has to digitally file with the roc a certificate from a company secretary in whole time practice in form appended to the companies compliance certificate rules, 2001 within 30 days from the date of annual general meeting, along with the annual report. Companies act 1956, 20 pdf bare act, bare act pdf, law. Companies appointment and qualifications of secretary.
Similarly, another type of company incorporated under the companies act, 1956 is section 25 companies. Section 25 company is one of the popular forms of non profit organisation in india. Definitions of company, existing company, private company and public company 4. Updated and amended bare acts in pdf format of companies act 1956 and companies act 20.
Representative for the applicantsdefaulters herein, submitted that the company has failed to appoint a wholetime company secretary of the company for period from 10. Various companies have been incorporated under the companies act, 1956. But central government approval is not required uls 188 of the companies act, 20. The curious case of section 4 7 of the companies act, 1956. Group 1 aarti singh, azhar hussain, jyoti nawlani, nemchand meena, renuka sharma companies act. Section 25 companies, under the companies act 1956, are companies formed for promoting commerce, art, science, religion, charity or any other useful object. 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. Prescribed limit every company having paid up capital as prescribed shall have whole time company secretary. Section 25 companies under companies act 1956 legal. Section 203 of companies act 20 which deals with the appointment of key managerial personnel company secretary is also a kmp as we all know have plugged the loopholes section 383a of the companies act 1956. In exercise of the powers conferred by clauses a and b of subsection 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. See gazette of india, extraordinary, 1956, part ii, section 3, p. The companies act 1956 section 383a certain companies to. Section 25 companies in the companies act, 1956 advisory.
However, section 25 company has been exempted from the provisions of section 383a and as such is not required to appoint a company secretary. Please select the section section 1 short title, extent, commencement and application. Companies act, 1956 bare acts law library advocatekhoj. Meaning under section 25 of the companies act, 1956 under indian law, 3 legal forms exist for non profit organizations. Due date for form 66 is within 30 days from the date of agm. Major rules and regulations under the companies act, 1956.
Firm or body corporate not to be appointed manager. Section 2 definitions section 3 formation of company. Companies appointment and qualifications of secretary amendment rules, 2009 the central government in exercise of the powers conferred under section 642 and section 383a of the companies act, 1956 has amended the companies appointment and qualifications of secretary rules, 1988 vide notification no. Main provisions of companies act 1956 presented by. Section 555 unpaid dividends and undistributed assets to be paid into the companies liquidation account. Companies disqualification of directors under section 2741g of the companies act. The curious case of section 4 7 of the companies act, 1956 this issue is of paramount importance for foreign companies having majority shareholding in. In accordance with section 383a of the companies act 1956, and companies compliance certificate rules 2001, the company has obtained a certificate from ms.