AGM — Exemptions for Section 8 and Government Companies [Section 96]
· Chapter
Corporate & Other Law
221 microlessons in this chapter
Read each in 5 minutes. Each has worked examples + the bare-Act text for reference.
All lessons
1
→
2
Acceptance of Deposits - Application Form (Rule 10)
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3
Acceptance of Deposits — Introduction & Applicability of Sections 73 and 76
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4
Accounts of Foreign Company — Section 381 & Rule 4
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5
Act to Override Memorandum and Articles – Section 6
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6
Adjournment of Meeting
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7
Alteration / Change of Name (Section 13)
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8
Alteration of Articles of Association – Section 14
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9
Alteration of Memorandum – Shifting Registered Office from One State to Another
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10
Alteration of Memorandum — Section 13 (Consolidated) & Change of Name
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11
Amounts NOT Considered as Deposit — Rule 2(1)(c) Exclusions
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12
Annual General Meeting (Section 96)
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13
Annual Return (Section 92)
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14
Applicability of Chapter VII to One Person Company [Section 122]
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15
Applicability of the Companies Act, 2013
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16
Application for Registration of Charge by Charge-Holder (Section 78)
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17
Application of Act to Foreign Companies — Section 379
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18
Appointment of Proxy
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19
Articles of Association – Meaning, Definition and Contents
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20
Associate Company - Section 2(6)
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21
Association / Subscription Clause and Succession Clause (OPC)
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22
Authentication of Documents, Proceedings and Contracts (Section 21) including Key Managerial Personnel
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23
Authentication of Financial Statements (Section 134)
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24
Board's Report and Penalties (Section 134)
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25
Board's Report — Contents and Signing (Section 134)
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26
Books of Accounts — Summary (Section 128)
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27
CSR Reporting and Impact Assessment (Rule 8 of CSR Rules)
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28
CSR – Activities NOT considered as CSR
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29
CSR – Activities under Rule 4 (Implementation Modes & Surplus Treatment)
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30
CSR – Central Government Directions & Exemption from CSR Committee
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31
CSR – Composition of CSR Committee
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32
CSR – Duties of CSR Committee and Board
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33
CSR – Penalty for Failure to Transfer to Unspent CSR Account / Fund
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34
CSR – Schedule VII Activities
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35
CSR – Set-off of Excess Amount Spent
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36
Calls on Shares — Uniformity Principle (Section 49)
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37
Calls-in-Advance (Section 50)
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38
Cancellation of Reserved Name
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39
Capital Clause and Alteration of Share Capital (Section 61, 64)
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40
Central Government's Power to Prescribe Accounting Standards (Section 133)
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41
Certificate of Shares (Section 46)
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42
Chairman of Meeting (Section 104)
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43
Chairman of the Meeting
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44
Change in Place of Registered Office
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45
Change of Objects after Raising Money through Prospectus
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46
Characteristics of a Company
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47
Circulation of Members' Resolution
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48
Circulation of Members' Resolutions [Section 111]
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49
Classification of Companies — Overview
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50
Company Limited by Guarantee [Section 2(21)]
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51
Company Limited by Shares [Section 2(22)]
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52
Consequences of Non-Registration of Charge
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53
Constitution and Duties of NFRA (Section 132)
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54
Contravention of Section 134 — Penalties
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55
Conversion of Debentures/Loans into Equity Shares [Section 62(3)-(6)]
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56
Copies of MOA, AOA, etc. to be Given to Members – Section 17
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57
Copy of Financial Statement to be Filed with Registrar (Section 137)
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58
Corporate Social Responsibility (Section 135) — Applicability
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59
Corporate Social Responsibility — Applicability and Spending Obligation (Section 135)
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60
Debenture - Definition and Features
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61
Debenture Redemption Reserve (DRR) and Investment Requirement
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62
Debenture Trustee - Appointment and Disqualifications
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63
Declaration of Beneficial Interest in Shares - Rule 9 Procedure & Penalty (Section 89)
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64
Declaration of Dividend during Inadequacy/Absence of Profits (Rule 3, Companies (Declaration and Payment of Dividend) Rules)
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65
Declaration of Dividend — Sources of Dividend (Section 123)
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66
Deemed Notice of Charge (Section 80)
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67
Definition of 'Deposit' under Section 2(31) and Rule 2(1)(c)
→
68
Definition of 'Depositor' — Rule 2(1)(d)
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69
Definition of a Company [Section 2(20)]
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70
Demand for Poll [Section 109]
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71
Demand of Poll
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72
Deposit Receipt (Rule 12)
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73
Deposit Repayment Reserve Account (Rule 13 / Section 73)
→
74
Deposit of Dividend Amount & Interim Dividend (Section 123)
→
75
Directors' Responsibility Statement (Section 134)
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76
Display of Name & Service of Documents — Sections 382 & 383
→
77
Dividend - Meaning and Types
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78
Dividend on Preference and Equity Shares
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79
Doctrine of Constructive Notice
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80
Doctrine of Indoor Management (Turquand Rule) and its Exceptions
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81
Doctrine of Ultra Vires
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82
Documents to be Delivered to Registrar — Section 380
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83
Effect of Change of Name & Labelling Requirement
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84
Effect of Memorandum and Articles – Section 10
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85
Electronic Mode & Scope of Foreign Company Business
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86
Employees' Stock Option Scheme (ESOS) [Section 62(1)(b)]
→
87
Entrenchment Provisions in Articles of Association
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88
Equity Shares with Differential Rights (Rule 4)
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89
Execution of Bills of Exchange and Deeds (Section 22)
→
90
Exemption from Chapter XXII for IFSC (International Financial Services Centres)
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91
Exemptions from Preparation of Consolidated Financial Statements (CFS)
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92
Extra-ordinary General Meeting — Calling of EGM [Section 100 + Rule 17]
→
93
FEMA - Definition of 'Person' and 'Person Resident in India'
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94
FEMA - Regulation of Foreign Exchange Dealings (Section 3)
→
95
Fees & Interpretation — Sections 385 & 386
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96
Financial Statements (Section 129) and Authentication
→
97
Foreign Company - Section 2(42)
→
98
Foreign Company — Definition (Section 2(42))
→
99
Foreign Company — Definition under Section 2(42) and Section 379
→
100
Further Issue of Share Capital - Rights Issue [Section 62(1)(a)]
→
101
Government Company - Section 2(45)
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102
Holding and Subsidiary Company - Section 2(87), 2(46) & Section 19
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103
Inspection of Minutes-Books of General Meeting (Section 119)
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104
Internal Audit (Section 138)
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105
Intimation of Appointment of Receiver or Manager (Section 84)
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106
Introduction to the Companies Act, 2013
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107
Investor Education and Protection Fund (IEPF) — Section 125
→
108
Is a Company a Citizen? Nationality and Residence
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109
Issue and Redemption of Preference Shares (Section 55)
→
110
Issue of Bonus Shares [Section 63]
→
111
Issue of Debentures with Conversion Option and Types
→
112
Issue of Further Redeemable Preference Shares for Unredeemed Shares (Section 55(3))
→
113
Issue of Renewed and Duplicate Share Certificates
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114
Issue of Secured Debentures - Tenure, Trustee and Charge
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115
Issue of Shares at a Premium & Application of Premium (Section 52)
→
116
Issue of Sweat Equity Shares (Section 54)
→
117
Liability Clause of Memorandum and its Alteration
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118
Lifting / Piercing the Corporate Veil
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119
Listed and Unlisted Company - Section 2(52)
→
120
Maintenance and Inspection of Documents in Electronic Form (Section 120, Rules 27–29)
→
121
Meaning of 'Public' and 'Issue' in Prospectus Context
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122
Meeting of Depositors
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123
Members' Right to Audited FS and Filing with ROC (Sections 136 & 137)
→
124
Minutes of Meetings
→
125
Minutes of Meetings (Section 118)
→
126
Modes of Voting – Overview (Sections 106-110)
→
127
Modification of Charge (Section 79)
→
128
NFRA Rules, 2018 — Companies and Bodies Corporate Governed by NFRA
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129
NFRA — Standard Recommendation Process, Books of Accounts, and Administrative Provisions
→
130
Name Clause - Reservation of Name (Section 4)
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131
National Financial Reporting Authority — NFRA (Section 132)
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132
Nomination by Depositor (Rule 11)
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133
Notice of General Meeting
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134
Notice to Registrar for Alteration of Share Capital [Section 64]
→
135
OPC - Nominee Provisions and Eligibility
→
136
Object Clause of Memorandum and its Alteration
→
137
One Person Company (OPC) — Concept, Formation & Relaxations [Section 2(62)]
→
138
Other Compliance Obligations of Foreign Companies — Section 384
→
139
Payment of Dividend & Related Prohibitions (Section 123)
→
140
Payment of Dividend in Proportion to Paid-up Amount (Section 51)
→
141
Penal Provisions and Central Government Exemption under Section 129
→
142
Penal Rate of Interest on Overdue Deposits (Rule 17)
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143
Postal Ballot
→
144
Postal Ballot [Section 110]
→
145
Postal Ballot — Procedure, Scrutinizer & Items Transacted
→
146
Power of Registrar to Make Entries of Satisfaction in Absence of Intimation (Section 83)
→
147
Power of Tribunal to Call AGM [Section 97]
→
148
Power of Tribunal to Call Meetings of Members [Section 98]
→
149
Power to Close Register of Members / Debenture-Holders (Section 91)
→
150
Powers of NFRA and Remedy to Aggrieved Party
→
151
Preferential Allotment to Any Person [Section 62(1)(c)]
→
152
Premature Surrender of Deposits (Rule 15)
→
153
Private Company [Section 2(68)]
→
154
Prohibition for Buy-back in Certain Circumstances
→
155
Prohibition on Issue of Shares at Discount (Section 53)
→
156
Prospectus of a Foreign Company — Section 387
→
157
Proxies (Section 105)
→
158
Public Company [Section 2(71)]
→
159
Punishment for Contravention (Section 86)
→
160
Punishment for Contravention of Deposit Rules (Rule 21)
→
161
Punishment for Contravention of Section 73 or 76 (Section 76A)
→
162
Punishment for Default — Sections 96 to 98 [Section 99]
→
163
Quorum - Secretarial Standard 2 (SS-2) Rules
→
164
Quorum for General Meetings
→
165
Re-opening of Accounts and Voluntary Revision (Sections 130 & 131)
→
166
Rectification by Central Government of Register of Charges (Section 87)
→
167
Rectification of Name (Section 16)
→
168
Rectification of Register of Members (Section 59)
→
169
Redemption of Preference Shares — Sources, CRR & Premium (Section 55)
→
170
Reduction in Number of Members below Statutory Minimum [Section 3A]
→
171
Reduction of Share Capital (Section 66)
→
172
Refusal of Registration & Appeal to NCLT (Section 58)
→
173
Register of Charges – Maintained by Company and ROC (Sections 81 & 85)
→
174
Register of Deposits (Rule 14)
→
175
Registered Office Clause - Basics & Labelling (Section 12)
→
176
Registration of Charges – Ad Valorem Fee & Timelines (Section 77)
→
177
Repayment of Pre-Act Deposits (Section 74)
→
178
Report on Annual General Meeting [Section 121 + Rule 31]
→
179
Representation of President & Governors [Section 112] and Body Corporates [Section 113]
→
180
Resolutions Passed at Adjourned Meeting (Section 116)
→
181
Resolutions Requiring Special Notice [Section 115 & Rule 23]
→
182
Resolutions and Agreements to be Filed (Section 117)
→
183
Resolutions — Ordinary and Special [Section 114]
→
184
Restriction on Voting Rights (Section 106)
→
185
Return of Deposits - Form DPT-3 (Rule 16)
→
186
Right of Members to Copies of Audited Financial Statement (Section 136)
→
187
Rule 12 — Improper Use of 'Foreign Company' Description
→
188
Satisfaction of Charges (Section 82)
→
189
Section 25 - Deemed Prospectus (Offer for Sale)
→
190
Section 26 - Matters to be Stated in Prospectus
→
191
Section 27 - Variation in Terms of Contract or Objects in Prospectus
→
192
Section 31 - Shelf Prospectus
→
193
Section 32 - Red Herring Prospectus
→
194
Section 33 - Abridged Prospectus
→
195
Section 380 — Documents to be Filed by Foreign Company with ROC
→
196
Section 381 — Accounts of Foreign Company (Filing of FC-3)
→
197
Section 387 — Prospectus by Foreign Company: Waiver Clause and Application Form Requirements
→
198
Section 388 — Expert's Consent in Foreign Company Prospectus
→
199
Section 389 — Registration of Foreign Company Prospectus with ROC
→
200
Section 390 — Indian Depository Receipts (IDRs)
→
201
Section 391 — Application of Sections 34-36 and Chapter XX to Foreign Companies & IDRs
→
202
Section 392 — Punishment for Contravention by Foreign Company
→
203
Section 393 — Effect of Non-Compliance on Contracts of Foreign Companies
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204
Section 8 Company - Formation, Privileges & Restrictions
→
205
Service of Documents (Section 20)
→
206
Shifting of Registered Office Within Same State (Section 12)
→
207
Shifting of Registered Office from One State to Another (Section 13)
→
208
Significant Beneficial Owner (SBO) - Section 90 and SBO Rules, 2019
→
209
Small Company - Definition under Section 2(85)
→
210
Transfer of Shares — Procedure & Delivery of Certificates (Section 56)
→
211
Transfer to Reserves & Declaration from Free Reserves (Section 123)
→
212
Transmission of Shares — Concept, Procedure & Distinction from Transfer
→
213
Unlimited Company [Section 2(92)]
→
214
Unpaid Dividend Account (Section 124)
→
215
Variation of Shareholders' Rights (Section 48)
→
216
Voluntary Revision of Financial Statements or Board's Report (Section 131)
→
217
Voting Rights (Section 47)
→
218
Voting Through Electronic Means
→
219
Voting by Show of Hands (Section 107)
→
220
Voting through Electronic Means (E-voting) - Procedure under Rule 20
→
221
Voting through Electronic Means (Section 108 & Rule 20)
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