Professional Documents
Culture Documents
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84
BACKGROUND:
Post
incorporation
requirements
are
A. Important Provisions
B. Board Meeting
C. General Meeting.
D. Regular E-form requirement.
E. Documents needs to be file with
ROC.
F. Statutory Register
G. Ratification of Auditor
1.
IMPORTANT PROVISIONS:
A.
CIN NO.
B.
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C.
of Director
Creation of
Charge on
Vehicle Loan
Creation of Charge on Vehicle Loan is required under Companies
Act, 2013.
D.
E.
Loan to
Director
Address at
which Books of
the Company.
Account are to
be maintained
F.
2.
Signing of
Annual Return
by PCS
BOARD MEETING: (I wrote a Article on Meetings & Committees under companies Act2013 and Secretarial Standard I- mail me on csdiveshgoyal@gmail.com if you want that)
A. In case of other than Small Company and One Person Company:
As per Section- 173(1) Every Company require to hold at least 4 (four) Board Meetings of
director of company. The maximum gap between 2 (two) Board Meeting should not be
more than 120 days. There are no minimum requirements gap requirements.
As per Secretarial
Secretarial StandardStandard- I
The Board shall meet at least once
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year.
Note: In case of Newly Incorporate Company First Meeting should be held within
30 days of Incorporation of Company.
B. In case of Small Company and One person company: As per Section 173(5): Such
companies require to hold at least 2 (two) Board meetings of Directors in every half
calendar year. The gap between two Meeting should not be less than 90 (ninety) days.
3.
GENERAL MEETING:
A. First Annual General Meeting: As per Section 96 (1) First Proviso- First Annual General
Meeting of company shall be held within a period of 9 month from the date of closing of
the first financial year of company.
B. Subsequent Annual General Meetings: As per Section- 96 (1) every company (except One
Person Company) require to hold an Annual General Meeting of Company. Time period for
holding subsequent Annual General Meeting:
Due
No.
Date of
Agenda
Particulars
e-forms
Due Date
Form Filling
meeting
1.
30th
Filing of return of
June
deposits.
company.
DPT-3
30th June
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2.
6-Sep
Adoption of
Annual Accounts
and Directors
14
MGT-14
5-Oct
AOC-4
30-Oct
MGT-7
30-Nov
ADT-1
14-Oct
Report
3.
4.
30-Sep
30-Sep
Filing - Balance
Sheet
Filing of Annual
Return
5.
30-Sep
Filing of Auditor
Appointment
ADT-1
*If Last Board Meeting held on 31st March of the previous financial year.
5. FOLLOWING DOCUMENTS NEEDS TO BE FILED WITH ROC:
S.NO.
Particulars of Documents
Concerned
Time Period
Form
A.
Board
Resolution
for
Adoption
of
MGT-14
Annual Account
B.
Board
Resolution
Board Meeting
for
Adoption
of
MGT-14
Director Report
C.
Balance Sheet
within 30 days of
within 30 days of
Board Meeting
AOC-4
within 30 days of
AGM
D.
AOC-4
within 30 days of
AGM
E.
AOC-1
within 30 days of
AGM
F.
Annual Return
MGT-7
Within 60 days of
AGM
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G.
Appointment of Auditor
ADT-1
within 15 days of
AGM
6. STATUTORY REGISTERS:
List of Statutory Registers which a company required to maintain as per Companies
Act- 2013 given below: (I wrote a Article on Statutory Registers under companies Act2013- mail me on csdiveshgoyal@gmail.com if you want that)
Sr. No
1
Particulars
Sections
Register
of
debenture
holders/
other
and
rule
(Management
of
the
and
Capital
and
Debentures)
Rules, 2014
4
No. SHSH-3
Capital
and
Debentures)
Rules, 2014
6
and rule-17(12) of
(Share
Capital
and
Companies
Debentures)
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Rules, 2014
7
No. MBP 2
10
contracts
and Bodies
etc.
in
which
4
11
13
14
15
Personnel as required by
Companies
(Appointment
and
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Practicing Company Secretary
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7. MINUTES:
As per Section: 118. (1) Every company shall prepare minutes of the proceedings of:
Every general meeting of any class of shareholders or creditors, and
Every resolution passed by postal ballot and
Every meeting of its Board of Directors or of every committee of the Board,
Minutes to be prepared and signed in such manner as prescribed below as per rule -25
and kept within thirty days of the conclusion of every such meeting concerned, or passing
of resolution by postal ballot in books kept for that purpose with their pages consecutively
numbered.
As per Rule 25 of the Companies (Management and Administration) Rules, 2014: A
distinct minute book shall be maintained for each type of meeting namely;
General Meeting of Members
Meeting of Creditors
Meetings of Board; and
Meetings of each of the committees of the Board.
Resolution passed by Postal Ballot shall be recorded in the minute book of General
Meeting as if it has been deemed to be passed in the General Meeting.
Note:
Minutes should be prepared within 30 days of conclusion of meeting.
Each page of Minutes Book shall be Initialed or signed.
Last page of every record of the proceeding of each meeting shall be Dated and signed.
8. RATIFICATION OF AUDITOR:
As per Section- 139 of Companies Act 2013 Now Auditor will be appoint for a term of 5
(Five) consecutive years. But as per First proviso of Section-139(1) - Company will ratify
such appointment at every general meeting of company.
DIVESH GOYAL
Practicing Company Secretary
GOYAL DIVESH& ASSOCIATES
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Check: At every Board Meeting check is there any change in interest of Director from the
disclosure earlier given by them. If there is any change then director have to give
disclosure in MBP-1 to company
Check: That every borrowing of Company with in Limit of Section- 180(1)(c) of
Companies Act, 2013, if any time company exceed that limit, there is require to get
Shareholders approval by passing of Special Resolution at General Meeting of company.
Check: That every loan given by the Company within the Limit of Section- 186 of
Companies Act, 2013, if any time company exceed that limit, there is require to get
Shareholders approval by passing of Special Resolution at General Meeting of company.
Check: Private Limited company not borrowing from person other than its directors,
condition directors will give declaration that such money is directors own money.