Corporate Law Research | Law Vivechana

CHAPTER I Preliminary Sections 1–2 (2 entries)

Section 1 Short title, extent, commencement and application. → Section 2 Definitions. →

CHAPTER II Incorporation of Company and Matters Incidental Thereto Sections 3–22 (22 entries)

Section 3 Formation of company → Section 3A Members severally liable in certain cases → Section 4 Memorandum → Section 5 Articles → Section 6 Act to override memorandum, articles, etc → Section 7 Incorporation of company → Section 8 Formation of companies with charitable objects, etc → Section 9 Effect of registration → Section 10 Effect of memorandum and articles → Section 10A Commencement of business, etc → Section 11 [Omitted.] → Section 12 Registered office of company. → Section 13 Alteration of memorandum. → Section 14 Alteration of articles. → Section 15 Alteration of memorandum or articles to be noted in every copy. → Section 16 Rectification of name of company. → Section 17 Copies of memorandum, articles, etc., to be given to members. → Section 18 Conversion of companies already registered → Section 19 Subsidiary company not to hold shares in its holding company → Section 20 Service of documents. → Section 21 Authentication of documents, proceedings and contracts. → Section 22 Execution of bills of exchange, etc. →

CHAPTER III Prospectus and Allotment of Securities Sections 23–42 (20 entries)

CHAPTER IV Share Capital and Debentures Sections 43–72 (30 entries)

Section 43 Kinds of share capital. → Section 44 Nature of shares or debentures. → Section 45 Numbering of shares. → Section 46 Certificate of shares. → Section 47 Voting rights. → Section 48 Variations of shareholders’ rights. → Section 49 Calls on shares of same class to be made on uniform basis. → Section 50 Company to accept unpaid share capital, although not called up. → Section 51 Payment of dividend in proportion to amount paid-up. → Section 52 Application of premiums received on issue of shares. → Section 53 Prohibition on issue of shares at discount. → Section 54 Issue of sweat equity shares. → Section 55 Issue and redemption of preference shares. → Section 56 Transfer and transmission of securities. → Section 57 Punishment for personation of shareholder. → Section 58 Refusal of registration and appeal against refusal. → Section 59 Rectification of register of members. → Section 60 Publication of authorised, subscribed and paid-up capital. → Section 61 Power of limited company to alter its share capital. → Section 62 Further issue of share capital. → Section 63 Issue of bonus shares. → Section 64 Notice to be given to Registrar for alteration of share capital. → Section 65 Unlimited company to provide for reserve share capital on conversion into limited company. → Section 66 Reduction of share capital. → Section 67 Restrictions on purchase by company or giving of loans by it for purchase of its shares. → Section 68 Power of company to purchase its own securities. → Section 69 Transfer of certain sums to capital redemption reserve account. → Section 70 Prohibition for buy-back in certain circumstances. → Section 71 Debentures. → Section 72 Power to nominate. →

CHAPTER V Acceptance of Deposits by Companies Sections 73–76 (5 entries)

Section 73 Prohibition on acceptance of deposits from public. → Section 74 Repayment of deposits, etc., accepted before commencement of this Act. → Section 75 Damages for fraud. → Section 76 Acceptance of deposits from public by certain companies. → Section 76A Punishment for contravention of section 73 or section 76. →

CHAPTER VI Registration of Charges Sections 77–87 (11 entries)

Section 77 Duty to register charges, etc. → Section 78 Application for registration of charge. → Section 79 Section 77 to apply in certain matters. → Section 80 Date of notice of charge. → Section 81 Register of charges to be kept by Registrar. → Section 82 Company to report satisfaction of charge. → Section 83 Power of Registrar to make entries of satisfaction and release in absence of intimation from company. → Section 84 Intimation of appointment of receiver or manager. → Section 85 Company’s register of charges. → Section 86 Punishment for contravention. → Section 87 Rectification by Central Government in Register of charges. →

CHAPTER VII Management and Administration Sections 88–122 (35 entries)

Section 88 Register of members, etc. → Section 89 Declaration in respect of beneficial interest in any share. → Section 90 Register of significant beneficial owners in a company. → Section 91 Power to close register of members or debenture holders or other security holders. → Section 92 Annual return. → Section 93 [Omitted.]. → Section 94 Place of keeping and inspection of registers, returns, etc. → Section 95 Registers, etc., to be evidence. → Section 96 Annual general meeting. → Section 97 Power of Tribunal to call annual general meeting. → Section 98 Power of Tribunal to call meetings of members, etc. → Section 99 Punishment for default in complying with provisions of sections 96 to 98. → Section 100 Calling of extraordinary general meeting. → Section 101 Notice of meeting. → Section 102 Statement to be annexed to notice. → Section 103 Quorum for meetings. → Section 104 Chairman of meetings. → Section 105 Proxies. → Section 106 Restriction on voting rights. → Section 107 Voting by show of hands. → Section 108 Voting through electronic means. → Section 109 Demand for poll. → Section 110 Postal ballot. → Section 111 Circulation of members’ resolution. → Section 112 Representation of President and Governors in meetings. → Section 113 Representation of corporations at meeting of companies and of creditors. → Section 114 Ordinary and special resolutions. → Section 115 Resolutions requiring special notice. → Section 116 Resolutions passed at adjourned meeting. → Section 117 Resolutions and agreements to be filed. → Section 118 Minutes of proceedings of general meeting, meeting of Board of Directors and other meeting and resolutions passed by postal ballot. → Section 119 Inspection of minute-books of general meeting. → Section 120 Maintenance and inspection of documents in electronic form. → Section 121 Report on annual general meeting. → Section 122 Applicability of this Chapter to One Person Company. →

CHAPTER VIII Declaration and Payment of Dividend Sections 123–127 (5 entries)

Section 123 Declaration of dividend. → Section 124 Unpaid Dividend Account. → Section 125 Investor Education and Protection Fund. → Section 126 Right to dividend, rights shares and bonus shares to be held in abeyance pending registration of transfer of shares. → Section 127 Punishment for failure to distribute dividends. →

CHAPTER IX Accounts of Companies Sections 128–138 (12 entries)

Section 128 Books of account, etc., to be kept by company. → Section 129 Financial statement. → Section 129A Periodical financial results. → Section 130 Re-opening of accounts on court’s or Tribunal’s orders. → Section 131 Voluntary revision of financial statements or Board’s report. → Section 132 Constitution of National Financial Reporting Authority. → Section 133 Central Government to prescribe accounting standards. → Section 134 Financial statement, Board’s report, etc. → Section 135 Corporate Social Responsibility. → Section 136 Right of member to copies of audited financial statement. → Section 137 Copy of financial statement to be filed with Registrar. → Section 138 Internal Audit. →

CHAPTER X Audit and Auditors Sections 139–148 (10 entries)

Section 139 Appointment of auditors. → Section 140 Removal, resignation of auditor and giving of special notice. → Section 141 Eligibility, qualifications and disqualifications of auditors. → Section 142 Remuneration of auditors. → Section 143 Powers and duties of auditors and auditing standards. → Section 144 Auditor not to render certain services. → Section 145 Auditor to sign audit reports, etc. → Section 146 Auditors to attend general meeting. → Section 147 Punishment for contravention. → Section 148 Central Government to specify audit of items of cost in respect of certain companies. →

CHAPTER XI Appointment and Qualifications of Directors Sections 149–172 (24 entries)

Section 149 Company to have Board of Directors. → Section 150 Manner of selection of independent directors and maintenance of data bank of independent directors. → Section 151 Appointment of director elected by small shareholders. → Section 152 Appointment of directors. → Section 153 Application for allotment of Director Identification Number. → Section 154 Allotment of Director Identification Number. → Section 155 Prohibition to obtain more than one Director Identification Number. → Section 156 Director to intimate Director Identification Number. → Section 157 Company to inform Director Identification Number to Registrar. → Section 158 Obligation to indicate Director Identification Number. → Section 159 Penalty for default of certain provisions. → Section 160 Right of persons other than retiring directors to stand for directorship. → Section 161 Appointment of additional director, alternate director and nominee director. → Section 162 Appointment of directors to be voted individually. → Section 163 Option to adopt principle of proportional representation for appointment of directors. → Section 164 Disqualifications for appointment of director. → Section 165 Number of directorships. → Section 166 Duties of directors. → Section 167 Vacation of office of director. → Section 168 Resignation of director. → Section 169 Removal of directors. → Section 170 Register of directors and key managerial personnel and their shareholding. → Section 171 Members’ right to inspect. → Section 172 Penalty. →

CHAPTER XII Meetings of Board and its Powers Sections 173–195 (23 entries)

Section 173 Meetings of Board. → Section 174 Quorum for meetings of Board. → Section 175 Passing of resolution by circulation. → Section 176 Defects in appointment of directors not to invalidate actions taken. → Section 177 Audit Committee. → Section 178 Nomination and Remuneration Committee and Stakeholders Relationship Committee. → Section 179 Powers of Board. → Section 180 Restrictions on powers of Board. → Section 181 Company to contribute to bona fide and charitable funds, etc. → Section 182 Prohibitions and restrictions regarding political contributions. → Section 183 Power of Board and other persons to make contributions to national defence fund, etc. → Section 184 Disclosure of interest by director. → Section 185 Loans to directors, etc. → Section 186 Loan and investment by company. → Section 187 Investments of company to be held in its own name. → Section 188 Related party transactions. → Section 189 Register of contracts or arrangements in which directors are interested. → Section 190 Contract of employment with managing or whole-time directors. → Section 191 Payment to director for loss of office, etc., in connection with transfer of undertaking, property or shares. → Section 192 Restriction on non-cash transactions involving directors. → Section 193 Contract by One Person Company. → Section 194 Prohibition on forward dealings in securities of company by director or key managerial personnel. → Section 195 Prohibition on insider trading of securities. →

CHAPTER XIII Appointment and Remuneration of Managerial Personnel Sections 196–205 (10 entries)

Section 196 Appointment of managing director, whole-time director or manager. → Section 197 Overall maximum managerial remuneration and managerial remuneration in case of absence or inadequacy of profits. → Section 198 Calculation of profits. → Section 199 Recovery of remuneration in certain cases. → Section 200 Central Government or company to fix limit with regard to remuneration. → Section 201 Forms of, and procedure in relation to, certain applications. → Section 202 Compensation for loss of office of managing or whole-time director or manager. → Section 203 Appointment of key managerial personnel. → Section 204 Secretarial audit for bigger companies. → Section 205 Functions of company secretary. →

CHAPTER XIV Inspection, Inquiry and Investigation Sections 206–229 (24 entries)

Section 206 Power to call for information, inspect books and conduct inquiries. → Section 207 Conduct of inspection and inquiry. → Section 208 Report on inspection made. → Section 209 Search and seizure. → Section 210 Investigation into affairs of company. → Section 211 Establishment of Serious Fraud Investigation Office. → Section 212 Investigation into affairs of company by Serious Fraud Investigation Office. → Section 213 Investigation into company’s affairs in other cases. → Section 214 Security for payment of costs and expenses of investigation. → Section 215 Firm, body corporate or association not to be appointed as inspector. → Section 216 Investigation of ownership of company. → Section 217 Procedure, powers, etc., of inspectors. → Section 218 Protection of employees during investigation. → Section 219 Power of inspector to conduct investigation into affairs of related companies, etc. → Section 220 Seizure of documents by inspector. → Section 221 Freezing of assets of company on inquiry and investigation. → Section 222 Imposition of restrictions upon securities. → Section 223 Inspector’s report. → Section 224 Actions to be taken in pursuance of inspector’s report. → Section 225 Expenses of investigation. → Section 226 Voluntary winding up of company, etc., not to stop investigation proceedings. → Section 227 Legal advisers and bankers not to disclose certain information. → Section 228 Investigation, etc., of foreign companies. → Section 229 Penalty for furnishing false statement, mutilation, destruction of documents. →

CHAPTER XV Compromises, Arrangements and Amalgamations Sections 230–240 (11 entries)

Section 230 Power to compromise or make arrangements with creditors and members. → Section 231 Power to Tribunal to enforce compromise or arrangement. → Section 232 Merger and amalgamation of companies. → Section 233 Merger or amalgamation of certain companies. → Section 234 Merger or amalgamation of company with foreign company. → Section 235 Power to acquire shares of shareholders dissenting from scheme or contract approved by majority. → Section 236 Purchase of minority shareholding. → Section 237 Power of Central Government to provide for amalgamation of companies in public interest. → Section 238 Registration of offer of schemes involving transfer of shares. → Section 239 Preservation of books and papers of amalgamated companies. → Section 240 Liability of officers in respect of offences committed prior to merger, amalgamation, etc. →

CHAPTER XVI Prevention of Oppression and Mismanagement Sections 241–246 (6 entries)

Section 241 Application to Tribunal for relief in cases of oppression, etc. → Section 242 Powers of Tribunal → Section 243 Consequence of termination or modification of certain agreements. → Section 244 Right to apply under section 241 → Section 245 Class action. → Section 246 Application of certain provisions to proceedings under section 241 or section 245. →

CHAPTER XVII Registered Valuers Sections 247–247 (1 entries)

Section 247 Valuation by registered valuers. →

CHAPTER XVIII Removal of Names of Companies from Register of Companies Sections 248–252 (5 entries)

Section 248 Power of Registrar to remove name of company from register of companies → Section 249 Restrictions on making application under section 248 in certain situations → Section 250 Effect of company notified as dissolved. → Section 251 Fraudulent application for removal of name. → Section 252 Appeal to Tribunal. →

CHAPTER XIX Revival and Rehabilitation of Sick Companies Sections 253–269 (17 entries)

Section 253 [Omitted.] → Section 254 [Omitted.] → Section 255 [Omitted.] → Section 256 [Omitted.] → Section 257 [Omitted.] → Section 258 [Omitted.] → Section 259 [Omitted.] → Section 260 [Omitted.] → Section 261 [Omitted.] → Section 262 [Omitted.] → Section 263 [Omitted.] → Section 264 [Omitted.] → Section 265 [Omitted.] → Section 266 [Omitted.] → Section 267 [Omitted.] → Section 268 [Omitted.] → Section 269 [Omitted.] →

CHAPTER XX Winding Up Sections 270–365 (96 entries)

CHAPTER XXI Companies Authorised to Register Under This Act Sections 366–378 (60 entries)

CHAPTER XXIA Producer Companies Sections 378A–378ZU (45 entries)

CHAPTER XXII Companies Incorporated Outside India Sections 379–393 (15 entries)

Section 379 Application of Act to foreign companies. → Section 380 Documents, etc., to be delivered to Registrar by foreign companies. → Section 381 Accounts of foreign company. → Section 382 Display of name, etc., of foreign company. → Section 383 Service on foreign company. → Section 384 Debentures, annual return, registration of charges, books of account and their inspection. → Section 385 Fee for registration of documents. → Section 386 Interpretation. → Section 387 Dating of prospectus and particulars to be contained therein. → Section 388 Provisions as to expert’s consent and allotment. → Section 389 Registration of prospectus. → Section 390 Offer of Indian Depository Receipts. → Section 391 Application of sections 34 to 36 and Chapter XX. → Section 392 Punishment for contravention. → Section 393 Company’s failure to comply with provisions of this Chapter not to affect validity of contracts, etc. →

CHAPTER XXIII Government Companies Sections 394–395 (2 entries)

Section 394 Annual reports on Government companies. → Section 395 Annual reports where one or more State Governments are members of companies. →

CHAPTER XXIV Registration Offices and Fees Sections 396–404 (9 entries)

Section 396 Registration offices. → Section 397 Admissibility of certain documents as evidence. → Section 398 Provisions relating to filing of applications, documents, inspection, etc., in electronic form. → Section 399 Inspection, production and evidence of documents kept by Registrar. → Section 400 Electronic form to be exclusive, alternative or in addition to physical form. → Section 401 Provision of value added services through electronic form. → Section 402 Application of provisions of Information Technology Act, 2000. → Section 403 Fee for filing, etc. → Section 404 Fees, etc., to be credited into public account. →

CHAPTER XXV Companies to Furnish Information or Statistics Sections 405–405 (1 entries)

Section 405 Power of Central Government to direct companies to furnish information or statistics. →

CHAPTER XXVI Nidhis Sections 406–406 (1 entries)

Section 406 Provision relating to Nidhis and its application, etc. →

CHAPTER XXVII National Company Law Tribunal and Appellate Tribunal Sections 407–434 (29 entries)

CHAPTER XXVIII Special Courts Sections 435–446 (14 entries)

Section 435 Establishment of Special Courts. → Section 436 Offences triable by Special Courts. → Section 437 Appeal and revision. → Section 438 Application of Code to proceedings before Special Court. → Section 439 Offences to be non-cognizable. → Section 440 Transitional provisions. → Section 441 Compounding of certain offences. → Section 442 Mediation and Conciliation Panel. → Section 443 Power of Central Government to appoint company prosecutors. → Section 444 Appeal against acquittal. → Section 445 Compensation for accusation without reasonable cause. → Section 446 Application of fines. → Section 446A Factors for determining level of punishment. → Section 446B Lesser penalties for certain companies. →

CHAPTER XXIX Miscellaneous Sections 447–470 (25 entries)

Section 447 Punishment for fraud. → Section 448 Punishment for false statement. → Section 449 Punishment for false evidence. → Section 450 Punishment where no specific penalty or punishment is provided. → Section 451 Punishment in case of repeated default. → Section 452 Punishment for wrongful withholding of property. → Section 453 Punishment for improper use of “Limited” or “Private Limited”. → Section 454 Adjudication of penalties. → Section 454A Penalty for repeated default. → Section 455 Dormant company. → Section 456 Protection of action taken in good faith. → Section 457 Non-disclosure of information in certain cases. → Section 458 Delegation by Central Government of its powers and functions. → Section 459 Powers of Central Government of Tribunal to accord approval, etc., subject to conditions and to prescribe fees on applications. → Section 460 Condonation of delay in certain cases. → Section 461 Annual report by Central Government. → Section 462 Power to exempt class or classes of companies from provisions of this Act. → Section 463 Power of court to grant relief in certain cases. → Section 464 Prohibition of association or partnership of persons exceeding certain number. → Section 465 Repeal of certain enactments and savings. → Section 466 Dissolution of Company Law Board and consequential provisions. → Section 467 Power of Central Government to amend Schedules. → Section 468 Power of Central Government to make rules relating to winding up. → Section 469 Power of Central Government to make rules. → Section 470 Power to remove difficulties. →

Corporate law research, as it stood on any date.

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