Suyog S Kabra

Suyog KabraChecklist On Call On Shares Or Debentures under Companies Act,2013

  1. Call on shares/debentures was made by the Board of Directors by means of resolutions passed at the Board meeting
  2. Call on shares/debentures complied with the stipulations contained in Articles of Association
  3. The Board of directors approved the rate of interest payable on delayed payment of calls in conformity with the provisions contained in Articles of Association.

Indicative list of documents to be checked

  • Minutes of Board meeting
  • Articles of Association
  • Copies of call letter
  • Proof of dispatch of call letters

Checklist For Charges Under Companies Act, 2013

1 The company has registered the particulars of creation or modification of charge with the Registrar within thirty days of its creation or modification or within extended period after payment of additional fees [Form No. CHG-1(for other than debentures) or Form No. CHG-9 (for debentures including rectification of particulars)]
2 The copy of every instrument evidencing any creation or modification of charge required to be filed with the Registrar has been verified as per Rule 3(4) of Companies (Registration of Charges) Rules 2014
3 The company has reported satisfaction of charge to the Registrar within the period of thirty days for its payment / satisfaction in Form No. CHG-4 and obtained certificate of registration of satisfaction in Form CHG-5.
4 The notice of appointment or cessation of a receiver of, or of a person to manage, the property, subject to charge, of company has been filed with ROC in Form No. CHG-6.
5 The company has maintained the register of charges in Form No. CHG – 7
6 The
7 The company has provided for security by way of charge as prescribed in Rule 6
8 The company has executed deposit trust deed in Form No. DPT-2 at least seven days before issue of circular or advertisement.

Indicative list of documents to be checked

  • Circular inviting deposits (DPT-1)
  • Newspaper clippings
  • Minutes of board meetings
  • Contract of deposit insurance
  • Instrument creating charge
  • Written consent from trustee for depositors
  • Deposit trust deed (DPT-2)
  • Written requisition calling meeting of depositors
  • Application from for deposits
  • Receipts of amount received by company
  • Register of deposits
  • Return of Deposit (DPT-3)
  • Statement regarding deposits (DPT-4)
  • Financial Statement

(Suyog S Kabra is  partner with White Collar Legal LLP and can be reached at whitecollarlegal@gmail.com)

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