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Company shall disclose/publish its name, address of its registered office, the Corporate Identity Number, Telephone number, fax number if any, email and the name of the person who may be contacted in case of any queries or grievances on the landing/home page of the said website. Company should also disclose its website address on its Letter Head business letters, bill heads, letter papers and in all its notices and other official publications. Detailed provisions are as follows:-
| Mandatory Website Disclosure under Companies Act, 2013 | |||
| Sr. No. | Sections/Rules | ||
| 1 | RULE 26, Publication of name by the Company | General | Every company which has a website for conducting online business or otherwise, shall disclose/ publish its name, address of its registered office, the Corporate Identity Number, Telephone number, fax number if any, email and the name ofthe person who may be contacted in case of any queries or grievances on the landing/home page of the said website. |
| 2 | Section 12 (3)(c) | Letter Head | Website address to be mention on all its business letters, billheads, letter papers and in all its notices and other official publications |
| 3 | Section 13 (8) (i) (Rule 32 Chapter II) |
Change in Object | Change of objects for which money is raised through prospectus. The notice of the same shall also be placed on the website of the company. |
| 4 | Section 92 (3) | Annual Return | Every company shall place a copy of the annual return on the website of the company, if any, and the web-link of such annual return shall be disclosed in the Board’s report. |
| 5 | Section 177 (10) | Vigil Mechanism | Details of establishment of such mechanism shall be disclosed by the company on its website, if any. |
| 6 | Section 178 (3)and proviso of 178 (4) | NRC | Nomination and Remuneration policy shall be placed on the website of the company, if any if a company is having NRC, Company’s policy on directors’ appointment and remuneration including criteria for determining qualifications, positive attributes, independence of a director and other matters provided under sub-section (3) of section 178;] |
| 7 | 134 (3) (e) and (o) and Proviso to 134 | Corporate Social Responsibility and Company’s policy on directors’ appointment and remuneration | – if a company is having NRC, company’s policy on directors’ appointment and remuneration including criteria for determining qualifications, positive attributes, independence of a director and other matters provided under sub-section (3) of section 178.
– Details about the policy developed and implemented by the company on corporate social responsibility initiatives taken during the year. |
| 8 | Schedule IV | Independent Director | The terms and conditions of appointment of independent directors shall also be posted on the company‘s website. |
| 9 | Rule 10 Closure of Register of Members or Debenture Holders or Other Security Holders | Closure of Register | Closure of register of members or debenture holders or other security holders. |
| 10 | Rule 18 Notice of the Meeting | General Meeting Notice | The notice of the general meeting of the company shall be simultaneously placed on the website of the company, if any. |
| 11 | Rule 20 Voting Though Electronic Means | Voting Though Electronic Means | A company which provides the facility to its members to exercise voting by electronic means.
Notice of that meeting shall also be placed on the website, if any, of the company and of the agency forthwith after it is sent to the members; |
| 12 | Rule 22 Procedure to be Followed for Conducting Business Through Postal Ballot | Postal Ballot | 1 .The notice of the postal ballot shall also be placed on the website of the company.2. The results of postal ballot shall be declared by placing it, along with the scrutinizer‘s report, on the website of the company |
| 13 | Rule 23 Special Notice. | Special Notice | Where it is not practicable to sent notice to each individuals than the notice shall be published in newspaper and such notice shall also be posted on the website, if any, of the Company. |
| 14 |
Rule – 13 Notice of Candidature of a Person for Directorship |
Notice of Candidature of a Person for Directorship | The company shall, at least seven days before the general meeting, inform its members of the candidature of a person for the office of a director or the intention of a member to propose such person as a candidate for that office- (1) by serving individual notices, (2) by placing notice of such candidature or intention on the website of the company, if any. |
| 15 | Rule 15 Notice of Resignation of Director | Resignation of Director | The Company shall within thirty days from the date of receipt of notice of resignation from a director post the information on its website. |
| 16 | Rule 4 Form and Particulars of Advertisements or Circulars. | Invitation for Deposit | Every company inviting deposits from the public shall upload a copy of the circular on its website. |
| 17 | Rule 37 Conversion of Unlimited Liability Company into a Limited Liability Company by Shares or Guarantee. | Conversion of Unlimited Liability Company into a Limited Liability Company by Shares or Guarantee. | The Company shall within seven days from the date of passing of the special resolution for conversion in a general meeting, publish a notice in Form No. INC-27A in newspapers and shall also place the same on the website of the Company, if any |
| 18 | Rule 5 Statement to be furnished to the Fund | Detail of unpaid Dividend | The company shall, within a period of ninety days of making any transfer of an amount to the Unpaid Dividend Account, prepare a statement containing the names, their last known addresses and the unpaid dividend to be paid to each person and place it on the website of the company, |
| 19 | Rule 7 Manner of publication of notice | Striking off | In case of any application (Striking off application) made under sub-section (2) of section 248 of the Act, the company shall also place the application on its website, if any, till the disposal of the application. |
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What is consequences if the any or some disclosures like financial statements link, CIN , board report details etc not displayed in company’s website ?
Shall a normal person place complaint about this with mca? Please clarify.
Thanks in Advance.