Law Imp
Law Imp
companies
Appendix
A
202 Sch V 197Section
196 No. 149 No.IMPORTANT
Appointment
169 167 164 161 160 152 151Section
224 219 217 216 213 212 209 Section
206 No.
Inspection, 188 186 185 184 180 179 177 174Section
173 No. 203 Appointment
Meetings
of Right Company
Appointment
ManagerSchedule
Compensation caseV
Overall Covered
Topics Directors
Removal of Appointment
Appointment
Vacation
Disqualifications Directors ofCovered
Topics SECTIONS
Investigation
Investigation
Procedure,
Actions
Investigation andCovered
seizure
Search Topics
Call PartyLoans
Transactions
Related Loan Committee
BoardAudit
Powers
Restrictions
Disclosure Quorum
of Covered
Topics
Meetings
Board of Appointment Appointment
Power Inquiry Board
for to of & of
&
of Persons Qualification
& Absence
Remuneration
Maximum
to of information Directors,
Investments for to
Inspector
be of Office have
Power Interest
onMeetings & of of of
taken ofinto into & Powers Its of of Additional DirectorBoard
Key Inadequacy Managing
or
LossManagerial offor other
0wnership Investigation
Company'saffairs etc. Director
Appointment
AGRAVWAL
SHIVANGICA. in toetc. and PowersManagerial than
by by of of of
pursuance
conduct of inspection Elected of
Director
a Board Board Office
Inspectors of Company Director, Retiring Directors
Director, of
Company
of
affairs Remuneration
of of
of Directors
investigationCompany PersonnelManaging Profits Key by
of of
Inspector's of
Whole- Directors Small
Alternate
Director
in by
other books Managerial
SFIO Shareholders
and
or andTime
into cases Whole-Time
Directoror Director to
Report Managerial
Director stand
affairs conduct
and for
of Personnel
or Directorship
Related Inquiries Nominee
Manager
Remuneration
Companies Director
A2
in
241 ionNo,
245 24 242 Sect 234 23 232 23Sect0 ion No,
Prevention ArAmal MPORTANT
Comprrangement SECTI
goamatmisesi,onss ONS
action
Class
Application
Tribunal
PowersCovered
of
Topics MergerMergerPower
Merger
Right of
Covered
Topics
to to
apply Oppression of orand
to Companycompromise
Amalgamation
underTribunal Amalgamation
section with
for & or
Company of make
Mismanagement
241 relief Certain of &
in Companies
arrangemnents
cases Incorporated
companies
of
oppression
with
outside
creditors
India
or
members
A3
74 17 15 12 10A 8 7 Section
4No.
deposit
Companyfails toCopies
repay or
interest Alteration
noted
of in copy
A0Aand Failure
MOAgiving be
toOffice]
every inDefault section
this ofdeclaration
Contravention
inincorporation
[Registered daysCommencement
of
within
filed of fraudulently
Nocompliance
180 provisions for of Section
affairs If provisions
conducted Company
this with
Default
complying in particulars
registration in Incorrect
to Particulars
Furnishing
Incorrect
relation of Nameby ofNatureof
Reservation
furnishing
Contravention
Business
Non proved
that of
Important
Penalty
Chart
of
inand Company
Directors Promoters,
Directors
etc.First application
making
Person
Company Officer inOfficer in Company
Company
Default Default
Officer
Company inand carrying Officer
nameRegistrarhas Default
Company default
officer inOfficer
EveryDefault
HIVANGI
GRAWALCA.
of in
Default the anyon
company
reasonable
business
initiate
action Name
LakhOr PenaltyMaximum-
Alteration
without Lakh 1
of 1000/day such one 50000
amountthousand Minimum:
Maximum:
Liable crore 1 Fineof
Maximum:
lakhs25 Fineof Liable
actionfor Penalty Person
CroreCrore Fine
Maximum-10
Minimum- 1 of
1000/1Lowerof Minimum:
lakhs10
default for
Day cause of ofliable
during one action 25000 1
during 1000 Lakh
continues
to and
believe lakh
rupees
for u/s 447u/s and
Punishment
which which
every rupees 447
tfhoer Cancellation
that but for
default default each
copy not
removal ofthe
day
of continues companynotexceeding
is
continues Articles during
which of
Appendix
Reserved
issued
the an B
76A
136(3) 134(8) 129(7) 128(6) 127 124
PENALTYCHART
financial
(Circulation
statements) Contravention
Contravention
Company
136 Sec.
of of 134 of
Sec. (Financial
Statement) Contravention
proper
129 of account)
Contravention
Sec. (Maintenance Sec.
128
books ofof of dividend
dividend
declaration days
of Failure
within
30
of pay to Failure to
dividend
transfer etc.
b73redor76aveni
conditions
prescricont company
u/s accept
ndeposit
gs
Punishmentforresponsible
contravention
Persons Company
Persons Director
Default
Officer
Every intention
indeceive
Company toIf
proved Defaultin Company
Officer Officer
Defaultin
Default
EveryCompany
Default Officer
Every in Punishmentfor
contravention
Company responsible
HIVANGICA. Officer in
duty
such
with
Whole-time
Financial
Rs. Rs. Fineof Any Chief
Managing default.Fine:
directorImprisonment:
Liable Fine:
Fine:Imprisonment: Minimum:
AND/OR
Liable lakhs Fine
croresMaximum:
Maximum: 2 25 10Imprisonment
Minimum:
of
crores Lower 7 Minimum-
CroresLakhs25
UptoMaximum-2
AND/OR
1 of:FineYears
of Fineof
thAle l Whole-time
Penalty-
Rs. 50000
Fine:Rs. 25,000.
5,000. Fine: Lakh Fine: above such
3 mentioned
Imprisonment
Both
Maximum
Penalty- duty
with Any Chief
Financial Minimum
Maximum50,000
5,00,000
Managing
director crore
other other Minimum
GRAWAL Minimumn
directors, to Minimum
Minimum: for
pay or
Rs. person person action
director director twice
5 simple
lakh, Rs.upto Officer Officer Maximum
Rs. Rs. Rs.
u/s
in of of Upto the
50,000: 1 the 1 5
oryear, a in a ininterest 1,000 Lakh; Lakh; 447
company charge company charge amount
absence 7
or
per Maximumn
2Maximumn
years.
@ years;
day
of
charged
of
finance chargedfinanceof 18% of
any for and deposits
per each Rs. Rs.
of
the by by 5 25
the the day Lakh Lakh
officers
Board Board of B2
167(2) 166(7) 165(6) 159 157(2) 147 140(3) PENALTY
CHART
137(3)
functions
director asa directorships
even Contravention
A ofSec. of theaccepts
maximum
166 number
(Duties of appointment
exceeding A 156 Sec. Registrar
personContravention e the Failure
of thintimate DIN byto auditor 145thebySec. of
Contravention resignation)
Sec.
Contravention auditor
within theFormContravention
Statement
ADT-3 bythe in140(2)
(Failure Sec. Registrar)
of withtheother
statement Contravention
financial
and of Sec.
137 of
person
directors) company to 139, 139
152, documents
to 30 fileto
155 144 days
146 (Filing
and or
of of
Minimum TheMinimum
Maximum The contravention
Punishment
contravention
Maximum
2,00,000
Continuing Fine- Personforcontravention
forcontravention
liable
Punishment for Person
liablefor deceive
intention to If
willful Auditor OfficerinCompany
Default Responsibility with
such
Auditor Director MD Company
Maximum
director director and
SHIVANGICA.
charged CFO
fine finefine fine Contravention-
2000/day
shall shall or
- - - 1-
5 1 5
lakh.lakh; be lakh.lakh; be
Maximum
50,000
Fine- Maximum
Minimum fine:Rs.company
Every The Maximum-Lower
Minimum-of Fine AND
Imprisonment:
50000 Maximum- Maximum-
Minimum-
25000
Lower of Lakh
Minimum-1 Minimum-
10000 Fineof
Maximum-Lakh 5 subject
25000 Fine500/day
of Further
penaltyof InLowerRs100/day
of
Continuing
failure-
Maximum-
50000Continuing
Penalty of
Minimum-
punishablepunishable Continuing Individual
Contravention-
Continuing
100/day lakh25 lakh 5 case
Penalty: Minimum-
10000
100/day
failure-
Maximum-2 Lakh10000
Penaltyof
50000
AGRAWAL officer 8 4
times times to of
Contravention-
500/day or fine: during
continuing
a or
with with director of maximum
of an
Rs. the of Auditor's
- - 25,000 1 Auditor's Max- which amount
lakhcompany
who failure,
of
such
fails year 1
remuneration 5
of
remuneration
who remnuneration
to
Lakhs
failure
comply is
in
default continues,
B3
207(4) 197(15)Contravention
186(13) of 185(2) 184(4) 182(4) 178(8) 173(4) PENALTYCHART
Contravention
inspection
(Conduct
inquiry) Investments
ofContravention
and remuneration)
207 (Managerial
ofSec. aetc. Sec.
(Loans,
197 of by
company)
Sec. 186 directors, to
arrangement
(Loans
Sec.
Contravention of the 184(2)
185participation in Failure
disclose
interest
184(1)
oru/s or to Remuneration
(Political
Sec.182 of
Contravention Mechanism
contribution)Committee) gil t Sec. Meetings
andVi(Audi
Committee,
Nominationand Contravention ofnotice
Board vacat
Failureof edwhen
giveto
contract or 177 his
or
178
office
etc.)
is
VacationFine:
company.
Imprisonment
Disqualified Imprisonment: Imprisonment:
Fine:Fine:Minimum: Or
Fine:
Rs. BothMaximum:
Fine: 6 Fine:
Imprisonment: Fine: The Fine
Penalty Imprisonment Fine: noticeEvery
5 Fine
Lakh 1 Lakhs
concerned upto of
Minimum Minimum:
25000;Rs.
Minimum Minimum: Minimum:Minimum: Upto
of Rs. officer
of
of 5 Board
1 5 25,000.
fromoffice lakh timnes times of
Rs.upto Maximum:
Rs. Rs. Rs. Rs. interested upto Meeting the
holding 25,000; in Maximum: the
1 25,000: 5 5 5 the
the 1 Lakh; lakh: 6 company
year; lakh: lakh, amount
months; amount
company.
any 2 6
Maximum:Maximum: director
Maximum and Maximum Maximum:Maximum:
Maximum:years; months; ormonths;
office soand so whose
contributed
contributed
in and
any Rs. Rs. Rs. Rs. or Rs. duty
Rs. Rs.
1 5 25 25 25
Lakh. Lakh lakh. 1 5 is
lakh lakh; lakh lakh. to
give B4
245(7) 243(2)
PENALTY
CHART
Tribunal
passedthorder
withan to
eby
comply
Failure Contravention
Sec. of
243(1)(6)
contravention
Company
default
Officer to whoevery
in knowingly
director isobtaining
other without
years,
theleave
ofCompany
theterminated
before 5actsaswhose
director
agreement
manageris otherMD
or
AGRAVWAL
SHIVANGICA. Tribunal
and
or
a
party
Fine:
Imprisonment Fine: Fine
Minimum Minimum Upto:
5
Lakh
Rs.Upto Rs.
25,000; 3 5
years; Lakh;
Maximum Maximum
and
Rs. Rs.
1 25
Lakh.
Lakh
B5
197(4) 183 169(5) 161(2) 152(6) 151 142(1) 139(8) 139(1)
139(1) 123 73 SectionMatters
16
proviso
197(1) First 196(4)
Sec.to 188 181 169(1) 160 152(6) 152(6) 152(2) 150(2)
Resolution
Special
requiring
Ordinary &
Matters
requiring
Companymanaging
To limits.Defence fund
prescribed
To Approval
Approval To company)
exceeding
Authorising ToToTo
Tothe may Toregulationsappoint Appointment
company
Appointment
theTo
directors. of To
expressly recommendation
Fixation
listedApproval
resolution
ordinary Casual Declaration
of Appointment
Reappointment months3/Where
of
Acceptance 6 Subject
authorise
approve authorise appoint remove reappoint
appoint
authorise appoint
approved be
passed vacancy Central
to
director of for 5% a a as provided of of
remuneration
the appointment of
Ordinary
SHIVANGICA. the appointment,
the the entering the
any director director the athe in of of
deposit
dividend
by Board of only director t
non-rotationalhe rotational of caused auditors Government
remuneration
directors every Small
payment the average
person Board retiring
articles so of
or if in made the
whole into Central tothe at tbefore
he the
Shareholders'
director retiring
by from
to
contribute
net
of a
director directors, Act at Resolution
and of
remuneration
time
related contribute meeting specialdirectors the
person of
a
ofresignation
auditor
independent
by themember direct
remuneration
AGRAWAL payablemanager Government profits public
directors the
shall auditors AGM
director noticeexpiry at Board to
party
of to at towhocompany.
the not be
Director change
to preceding to
bonafidewhich appoint is made of
(subject
the transactions
and National
of
ofhis nota AGM. in being
director auditor at
shall
or for the default the
exceeding
directors manager other be the
a term less in by AGM
to
the directorintended retiring
charitable
the GM, small approved to name
Schedule purpose
Defence 3 alternateof of, than by be
terms financial
years. unless
exceeding office and the filled
or 11% director 2/3rd shareholders of
removal
is subject members the
manager, and Fund removed in
V). of of and (This otherwise
net
conditions National directors
of GMby company
Board,
profits the or other resolutionwas to total by
any any in passing Appendix
funds given number bya the and
the
of of other
to
GM
an
the
within
C
Sec. Second
197(1) Sec. Second
197(1)
proviso to 186(3) 185 180(1)(c)
185 180(1) 149(1)
149(10)
(d) 180(1)(b)180(1)(a) 165(2) 139(9)
140(1) 76 14 13 8 5 Section
5 MATTERS
Matters
197(4) 196(3) proviso to
requiring
REQUIRING
Tothrepayment
connection e aggregate To To Company. thedirector To Appointment
Members Removaldeposits
Obtaining For For Adding
byConversion PublicSubject
Alteration
appoint
director, To
resolution who To a nor
Payment exceeding
managerPayment givmanaging
the 186(2)enu/Power
s To amalgamation. merger orTo Reappointment
give
Appointment
approve
has (a) (a) a (b) (a) companyadvance give give invest whole,
approve Alteration
Alteration
managing Limited
whole whole
director, 3% 1% 10% 5% to consentconsent consent of Entrenchment
managing ofdirector the or the may
of prior Special
ORDINARY
or into Articleof
attained of make
manager, managing
the of of
remuneration remuneration of a with any of of auditor eligible
personas net time net ofnet scheme is the
compensation substantially of
remuneration net loan, interested. any loan
any
paid to
to
company specifydirectors of consent
to a Article
of of
any
and
director debt
of personMemorandum
AGRAWAL
SHIVANGICA. the profits,director
profits, director profits,
profits, or the the independent beforecompany
the Vice
other Resolution of
investment, whole loan to, up in
if agedirector providing Board Board Board any
before of caseVersa
Association
the time ordue may &
of ifexceeding
if to if if to taken give capital the number exceeding thother e Asso kind SPECIAL
the orthe orthere by
articles 70 manager, a there a time of received
adirectors
of ofact
expiry than making of
payableyears. company whole whole ciation ofPublic of
companydirector
manager; for by, any
directors
director. free directors director
as
director
wholeor is guarantee director CompanyAsso while
require - more is only giving guarantee any orreserves directors of 15 the
and time by companies
of of REsOLUTION
to whotaken person one his invitation ciation ofCompany
has orhas one to to the to on retiring the converting
managing than director of
such is of orloans remit borrowcompany
and
or completion term
sell,
employed
not together.
neither security in more Company of
approval onethem, provide securities
whom
lease (lesser auditor
of to the
employed by or office
directordirector timeor whole or or extend moneys undertakings Company
public from
a the as or
awhole a managing exceeding any any otherwise than of at
managing company resultof a his the for Private
by any time of time
premium
exceeding
a or security 20) term acceptance
AGM
specialwhole managing timedirector, the
the for in Limited
director director
to of of
any dispose which of
manager director director the
time limit its in account the office.
of to C2
or of a
or
INC-34INC-33 SPICe+INC-22
(ING-32) INC-20AINC-13ING-11Form No.
DIR-5
DIR-3C DIR-3ADIR-3
| FormNo.
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DIR-3B DIR-2 CRA-1 ADT-4ADT-3 ADT-1A0C-1
ADT-2 Accounts
FormNo. Audit
and DPT-2DPT-1 FormNo.
Investment
Loans
and URC-1 RUNINC-35
Formation
Company List of
Application toPrevious
BooksReport Description
Salient
Notice Deposit
Trust
Deed the in
Description
Circular ConversionNameAGILE
Reservation eAOAeMOA Incorporation
Certificate
Declaration
Notice
Simplified
ofmandatory MOA of
Description
Intimation
Application
Intimation Description
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Qualification
to
Resignation
Central
w.r.t.
auditorby
approval
to
features
PRO (In (In
case case situation
of
Section
ofImportant
Registrar
act Government of for Proforma PAN for
HIVANGI for ofof for
GRAWALCA. allotment
Cost
LLP of of
allotment as advertisement
form of obtaining commencement 8
surrender allotment
a records of SPICe+) &Companies
SPICe+)
director of the into TAN or
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tfinancial
he change
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ofDIN DIN of theappointment
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a Auditors statement Numbers situation of Forms
the the Governmentfor
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Company
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ldentification deposits
inviting
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auditor of like of
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to by
the theNumber removal
auditorof Electronically
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Director office
(SPICe)
Appendix
with - D
MBP-4
MBP-3MBP-2MBP-1Meetings
FormNo. MR-1 DIR-12
DIR-11DIR-6FORMS
LISTOF
Appointment
FormNo.
of
areRegisterNotice
Register
interested.
directors
Register Description Description
Return themIntimation
Board ParticularsNotice
&
of Remuneration
of of
of
of interest and
appointment resignation of
investmentsloans, of
contracts of
appointment change
NGI
AL CA. guarantee, by
its
with director Powers of in
not of particulars
a
related key director
held
security
of of
Managerial
managerial directors
party in
its to of
own and
the
Directors
and and
Registrar
acquisition personnel
contractsname the
by Personnel KMP to
be
the and given
and made
company the
Bodies to
by
the
changes the
etc.company CG
in among
which
D2