statutory company under companies act, 2013
1 min readPlace: These registers are required to be kept at the Registered Office of the Company or at any other place authorized by the Board of Directors by passing a Board Resolution. Lifting or piercing of corporate veil means ignoring the fact that a company is a separate legal entity and has a separate identity (Corporate personality). one more thing is that point no 2 and 14 is missing. Kindly guide as to what can be done to rectify the situation when a company has lost its statutory registers and minutes books. 7. Yours faithfully. WebCompanies Act, 2013 requires every company to keep and maintain at its registered head office books of accounts and relevant documents and the financial statements for each FY (financial year) that provides a true and fair picture of the companys state of affairs which includes its branch offices and other offices. 01.04.2018), 32-33 FORMAT OF AUDIT REPORT NON- CORPORATE ENTITY (NEW W.E.F. Place: These registers are required to be kept at the Registered Office of the Company. Penalty: Section is silent regarding penalty. Section 88, Subsection 1 & Rule 3 requires maintaining the Register of Members under format MGT-1 Place:These registers are required to be kept at the Registered Office of the Company or at any other place where one tenth of the member resides by passing a Special Resolution. Short title, extent, commencement and application. The entries in the register shall be made at once. Register of Debenture Holders or any other security holders. , (i) Register of Debenture holders (Form MGT2). REGISTER OF TRANSFER & TRANSMISSION: The Company shall maintain Separate Register for Transfer & Transmission of Equity/ Preference Shares (Section 56). 5 Lakhs. Your email address will not be published. Non-corporate entities which are not covered under Level II and Level III, but fall in any one or more of the following categories are classified as Level III entities: i. This could include data like the details of members, Directors, KMP, etc. SMCs shall follow the following instructions while complying with Accounting Standards under these Rules:-, 1.1 the SMC which does not disclose certain information pursuant to the exemptions or relaxations given to it shall disclose (by way of a note to its financial statements) the fact that it is an SMC and has complied with the Accounting Standards insofar as they are applicable to an SMC on the following lines: The Company is a Small and Medium Sized Company (SMC) as defined in the Companies (Accounting Standards) Rules, 2021 notified under the Companies Act, 2013. (a) Paragraphs 22 (c),(e) and (f); 25 (a), (b) and (e); 37 (a) and (f); and 46 (b) and (d) relating to disclosures are not applicable to Level II Non-company entities. WebIn India, companies are required to maintain a number of statutory registers as per the Companies Act, 2013. For all other Audit, Assurance and Attestation functions w.e.f. Every Company Limited by shares shall maintain registers of members in, Company shall maintain separate register of debenture holders or security holders, in. (i) Whose equity or debt securities are not listed or are not in the process of listing on any stock exchange, whether in India or outside India; (ii) Which is not a bank, financial institution or an insurance company; (iii) Whose turnover (excluding other income) does not exceed rupees fifty crore in the immediately preceding accounting year; iv) Which does not have borrowings (including public deposits) in excess of rupees fifty crore at any time during the immediately preceding accounting year; and. Whereas, every Officer in Default is liable for action under section 447. (Form MGT-3), Member/Debenture Holder, security holder or beneficial owner, Without any fees if asked soft copy of minutes of general meeting of preceding 3 Financial Years, Section 128 Books of Account, etc., to be kept by Company, Proper books of account and cost records and other relevant Books and papers and financial statements for every year, 170 and Rule 17 of the Companies (Appointment and Qualifications of Directors) Rules, 2014, Register of Director/ Managing Director/Manager/ Whole Time Director/ Secretary and their shareholding, 186 and Rule 12 of the Companies (Meetings of Board and its Powers) Rules, 2014, Register of Loans made, provided or Investment made and Acquisition made by the Company (Form MBP-2), Copies of Guarantees given/ Securities, on payment of requisite fees not exceeding ten rupees for each page, Section 46(3) and Rule 6(3)(a) of the Companies (Share Cap & Deb) Rules, 2014, Register of Renewed and Duplicate Share certificates (Form SH-2), 581-ZL(7) Read with Section 465 of Companies Act, 2013, Register of particulars of Investments of Producer Companies, 54 read with Rule 8(14) of Companies (Share Capital and Debentures) Rules, 2014, Register of Sweat Equity Shares Options (Form SH-3), 62 read with Rule 12(10) of Companies (Share Capital and Debentures) Rules, 2014, Register of Employee Stock Options (Form SH-6), Section 90(2) of the Companies Act, 2013 and rule 5(1), Register of beneficial owners holding significant beneficial interest (Form BEN-3), 184(1) Disclosures by a Director of his Interest, Notice of Disclosure of Interest (Form MBP-1), Section 190 Contract of Employment with Managing or Whole-Time Directors, Copy of contract of employment with managing director or whole time directors, 42(7) read with Rule 14(4) of Companies (Prospectus and Allotment of Securities) Rules, 2014, Record of a Pvt. The Register shall also be produced at every AGM of the Company an made available for inspection to every person attending the AGM. Copyright TaxGuru. if(MSFPhover) { MSFPnav7n=MSFPpreload("../_derived/up_cmp_Profile110_up.gif"); MSFPnav7h=MSFPpreload("../_derived/up_cmp_Profile110_up_a.gif"); } Brief Report on the Postal Ballot Conducted. 10/-(Ten) for each page. // --> , Register of Investments not held in its own name by the Company (Form MBP-3), 73 and 74 read with rule 14 of the Companies (Acceptance of Deposits) Rules, 2014) & RBI Directions, Not open for Inspection Entry shall be made within 7 days from the date of issuance of the receipt, 68(9) read with Rule 17(12) of Companies (Share Capital & Debentures) Rules, 2014, Register of Securities Bought Back (Form SH-10), Section & rule is silent regarding the inspection, 85 read with Rule 10 of Company (Registration of Charges) Rules, 2014, the Companies (Management and Administration), Member, Debenture holder, other security holder or beneficial owner, 88(2) and Rule 6 of the Companies (Management and Administration, (ii) Index of Members & Debenture- Holders & other security holders, 88(1) and Rule 4 of the Companies (Management and Administration, Foreign Register of members or Debenture holders outside India. Every company shall maintain one or more registers in. Inspection: The Register can be inspected during Business Hours by Members & Debenture-holders without charges & as per the restrictions given in the Articles of the Company. Dear Madam, Thanks for the information, my question is whether all these registers should also be maintained by Private company right Maam.? Board Meetings. 1st April, 2019. 01.04.2018), Prepared in Accordance with a Fair Presentation Framework, 34-35 FORMAT OF AUDIT REPORT NON- CORPORATE ENTITY (NEW W.E.F. The Register shall be open to inspection at such office by Members; Copies may be furnished to any member of the company on payment of such fees as prescribed in AOA not exceeding Rs. Authentication of Entries: Entries made in this register shall be authenticated in the Next Board Meeting of the Company by CS, by Authorised Director/Authorised Person where there is no CS in the Company. Minute Book of General Meeting shall be kept at Registered Office.
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