The Companies Act 2013 is a crucial legislation in India governing the incorporation, functioning, and management of companies. Learn about the key provisions, compliance requirements, and legal framework under the Companies Act 2013.
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This section corresponds to Section 25 of the Companies Act, 1956 and empowers the central Government to register an association as limited company having charitable objects to promote commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment etc., without adding to its name the words ‘Limited’ ‘Private Limited’.
CS S. Dhanapal Section 118 of the Companies Act, 2013 which contains provisions relating to minutes of Board, General and other meetings and resolutions passed by postal ballot, contains in sub-section 10 that ‘Every company shall observe secretarial standards with respect to general and Board meetings specified by the Institute of Company Secretaries of India […]
Every company shall prepare an annual return in the form MGT-7 containing the particulars as they stood on the close of the financial year regarding: its registered office, principal business activities, particulars of its holding, subsidiary and associate companies; its shares, debentures and other securities and shareholding pattern; its indebtedness; its members and debenture-holders along with changes therein since the close of the previous financial year
Prior to Clause (i) of Sub-section 3 of Section 143 of the Companies Act, 2013 reporting of internal controls is required under CARO only, However which was limited to adequacy of controls over purchase of inventory and fixed assets and sale of goods and services.
G.S.R. 800(E).- In exercise of the powers conferred by sub-section (5) of Section 211 of the Companies Act, 2013 (18 of 2013) and in supersession of the Serious Fraud Investigation Office, Ministry of Corporate Affairs, Additional Director (Capital Market) (Group ‘A’ Post) Recruitment Rules 2006 and the Serious Fraud Investigation Office,
The Ministry of Corporate Affairs vide its notification dated August 28, 2015 amended the provisions of the Companies (Management and Administration) Rules, 2014 and brought out e-form MGT-7 for filing of Annual Return. Also MCA has vide notification dated September 4, 2015 brought Companies (Accounts) Second Amendment Rules, 2015 wherein Form AOC-4; Form AOC-4 CFS (consolidated financial statement) and AOC 4 (XBRL) made available for filing.
Every company shall prepare a return (hereinafter referred to as the annual return) in the prescribed form containing the particulars as they stood on the close of the financial year. If Financial of Company started before 01.04.2014 then Annual Statement will file in e-form 23AC, 23ACA for this financial year instead of AOC-4.
An auditor who is expected to make an independent report to a company’s members is well regulated through the company law. Its appointment, reappointment, ratification, resignation are well defined in Companies Act 2013. The independent auditor has a responsibility to his profession, the responsibility to comply with the standards accepted by his fellow practitioners. The professional qualifications required of the independent auditor are those of a person with the education and experience to practice as such.
Secretarial Standard- 1 on Meetings of the Board of Directors prescribes a set of principles for convening and conducting Meetings of the Board of Directors and matters related thereto. This Standard is applicable to the Meetings of Board of Directors of all companies incorporated under the Act except One Person Company (OPC) in which there is only one Director on its Board.
A. Annual Forms Required to be File: S. No. Private Company Public Company Listed Company 1. MGT-7 MGT-7 MGT-7 2. AOC-4 AOC-4 AOC-4 3. MGT-9 MGT-14 MGT-14 4. AOC-1 MGT-9 MGT-9 5. AOC_2 AOC-1 AOC-1 6. AOC_2 AOC_2 B. Purpose of the Forms:
