Company Law Procedures & Compliances Second Edition at Meripustak

Company Law Procedures & Compliances Second Edition

Books from same Author: Dr Sanjeev Gupta

Books from same Publisher: Bharat Law House Pvt Ltd

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  • General Information  
    Author(s)Dr Sanjeev Gupta
    PublisherBharat Law House Pvt Ltd
    EditionSecond Edition
    ISBN9789390854295
    Pages2632
    BindingPaperback
    LanguageEnglish
    Publish YearJuly 2021

    Description

    Bharat Law House Pvt Ltd Company Law Procedures & Compliances Second Edition by Dr Sanjeev Gupta

    Volume 1
    # Referencer
    R-1      Exemptions to private companies under section 462 of Companies Act, 2013
    R-2      Exemptions to Government Companies under section 462 of Companies Act, 2013
    R-3      Exemptions to Nidhis under section 462 of Companies Act, 2013
    R-4      Exemptions to Section 8 (Non-profit) Companies under section 462 of Companies Act, 2013
    R-5      Exemption to Specified IFSC Public Company under section 462 of the Companies Act, 2013
    R-6      Exemption to Specified IFSC Private Company under section 462 of the Companies Act, 2013
    R-7      Offences Punishable with Fine or Imprisonment or both (Compoundable Offences)
    R-8      Offences Punishable with Fine and Imprisonment (Non-compoundable)
    R-9      Offences liable to penalty
    R-10    Offences compoundable by Regional Director
    R-11    Offences compoundable by National Company Law Tribunal (NCLT)
    R-12    Offences punishable for fraud u/s 447 of the Act
    R-13    List of various forms (e-forms and non e-forms) under the Companies Act, 2013
    R-14    Annual Filing and routine event based forms
    R-15    List of compliances for unlisted public company on the basis of paid-up capital, Turnover, borrowings, etc.
    R-16    List of compliances for private companies on the basis of paid-up capital, Turnover, borrowings, etc.
    R-17    List of Registers, Documents, and Returns to be maintained under the Act
    # 1 Digital Signature Certificate
    1          Procedure to obtain Digital Signature Certificate (DSC)
    # 2 Director Identification Number (DIN)
    2          Procedure to obtain Director Identification Number (DIN)
    3          Procedure for Change/Updation in particulars of Director
    Identification Numbers (DIN)
    4          Procedure for Annual KYC of Director
    5          Procedure for cancellation or surrender or deactivation
    of DIN
    # 3 Incorporation
    6          Procedure for incorporation of a private company or public company
    7          Procedure for incorporation of One Person Company (OPC)
    8          Procedure for incorporation of Section 8 Company
    9          Procedure for registration of Non-Banking Financial Company with the Reserve Bank of India
    10        Procedure for commencement of business
    11        Filing of Particulars of the Company and Verification of Its Registered Office-by Active Non-Compliant Company
    # 4 Directors
    12        Procedure for Appointment of First Director/Regularisation of Directors
    13        Procedure for Re-Appointment of Directors (Retiring By Rotation) in Case of Public Companies
    14        Procedure for Appointment of a Person other than a Retiring Director as Director in General Meeting
    15        Procedure for Appointment of an Additional Director
    16        Procedure for Appointment of Alternate Director
    17        Procedure for Appointment of Nominee Director
    18        Procedure for Appointment of Director in Casual Vacancy
    19        Procedure for Appointment of a Woman Director
    20        Procedure for Appointment of Independent Director
    21        Procedure for Re-appointment of an Independent Director
    22        Procedure for Change in director due to Resignation
    23        Procedure for Removal of Director
    # 5 Appointment and Remuneration of  
    Managing Director and Whole Time Director
    24        Procedure for Appointment or Re-Appointment and Remuneration or Increase in Remuneration of Managing Director In Case of Private Limited Company
    25        Procedure for Appointment or Re-appointment and Remuneration or Increase in Remuneration of Managing Director/Whole-Time Director In Case of Public Company
    26        Procedure for Change in Designation due to Discontinuation from the Managing/Whole Time Directorship but to continue as Director of the Company
    # 6 Appointment of Company Secretary,
    Chief Financial Officer and Chief Executive Officer
    27        Appointment of Company Secretary/Chief Financial Officer/Chief Executive Officer
    # 7 Disclosure of Interest by Directors
    28        Procedure for Disclosure of Interest by Director
    # 8 Alteration of Memorandum of Association
    29        Procedure for change of name of an existing Company
    30        Procedure for Rectification of Name (Application to the
    Central Government)
    31        Procedure for Rectification of Name (After Receiving Order from the Central Government)
    32        Procedure for Shifting of Registered Office under Same Registrar and within Local Limits of the Same Town, Village or City
    33        Procedure for Shifting of Registered Office within the Same State but outside the Local Limits of City, Town, Village and within the Jurisdiction of the Same Registrar of Companies
    34        Procedure for Shifting of Registered Office within Same State but from the Jurisdiction of One Registrar of Companies to another Registrar of Companies
    35        Procedure for Shifting of Registered Office from One State to another State
    36        Procedure for change in Object Clause
    37        Procedure for alteration in Share Capital Clause
    38        Procedure for Consolidation and Division of Share Capital of Company into Shares of a Larger amount than its Existing Shares where Voting Percentage of Shareholders will affect
    39        Procedure for Consolidation and Division of Share Capital of Company into Shares of a larger amount than its Existing Shares where Voting Percentage of Shareholders will not affect
    40        Procedure for Alteration of the Memorandum of Association as per the Companies Act, 2013
    9 Alteration of Articles of Association
    41        Procedure for Alteration of Articles of Association
    # 10 Conversion of Companies
    42        Procedure for Conversion of Private Limited Company into Public Limited Company
    43        Procedure for Conversion of Public Limited Company into Private Limited Company
    44        Procedure for Conversion of One Person Company (OPC) into Public Limited/Private Limited Company
    45        Procedure for Conversion of Private Limited Company into One Person Company
    46        Procedure for Conversion of Private Company or Unlisted Public Company into Limited Liability Partnership (LLP)
    47        Procedure for Conversion of a Limited Company into a Company with Charitable Objects {Section 8 (Non-Profit) Company}
    48        Procedure for Conversion of Section 8 Company into Any Other Kind of Company
    # 11 Conversion of Status of Active Company into
    Dormant Company and Vice Versa
    49        Procedure for Obtaining Status of Active Company as Dormant Company
    50        Procedure for Obtaining Status of Dormant Company
    as an Active Company
    # 12 Increase of Paid-up Share Capital
    without Public Offer
    51        Procedure for Issue of Shares through Private Placement
    52        Procedure for Issue of Shares or Other Securities on Preferential Basis
    53        Procedure for Issue of Shares through Rights Issue
    54        Procedure for Issue of Shares through Bonus Issue
    55        Procedure for Issue of Shares under Scheme of Employee Stock Option Plan [ESOP]
    56        Procedure for Issue of Sweat Equity Shares
    57        Procedure for Issue of Equity Shares with Differential Rights through Private Placement or Preferential Offer
    58        Procedure for Issue of Preference Shares without Public Offer
    # 13 Increase of Paid-up Share Capital with Public Offer
    59        Procedure for Issue of Equity Shares
    # 14 Declaration of Beneficial Interest
    60        Procedure for Filing of Declaration of Beneficial Interest
    61        Procedure for Filing of Declaration In Respect of Significant Beneficial Owners Holding Interest of not less than 10 Per cent
    # 15 Issuance of Duplicate Share Certificate
    62        Procedure for Issuance of Duplicate Share Certificates
    Volume 2
    # 16 Debentures
    63        Procedure to issue Unsecured Compulsorily Convertible Debentures by a Private Company
    64        Procedure to issue Secured Compulsorily Convertible Debentures by Private Company
    65        Procedure to issue Secured Non-Convertible Debentures by Private Company
    66        Procedure to issue Secured Non-Convertible Debentures through Private Placement by Unlisted Public Limited Company within the Borrowing Limit of the Board
    67        Procedure to issue Secured Non-Convertible Debentures through Private Placement by Unlisted Public Limited Company Exceeding the Borrowing Limit of the Board
    68        Procedure to issue Secured Compulsorily Convertible Debentures through Private Placement by Unlisted Public
    Limited Company within the Borrowing Limit of the Board
    69        Procedure to issue Secured Compulsorily Convertible Debentures through Private Placement by Unlisted Public
    Limited Company Exceeding the Borrowing Limit of the Board
    70        Procedure to issue Unsecured Compulsorily Convertible Debentures through Private Placement by Unlisted Public
    Limited Company within the Borrowing Limit of the Board
    71        Procedure to issue Unsecured Compulsorily Convertible Debentures through Private Placement by Unlisted Public Limited Company Exceeding the Borrowing Limit of the Board
    # 17 Transfer and Transmission of Securities
    72        Procedure for Transfer/Transmission of Securities
    # 18 Buy-Back of Securities
    73        Procedure if Buy-Back of Shares/other Specified Securities are up to 10% or less than 10% of Equity Paid-up Share Capital and Free Reserves
    74        Procedure if Buy-Back of Shares/other Specified Securities
    are more than 10% but upto 25% of Equity Paid-up Share Capital and Free Reserves
    # 19 Appointment of Auditors
    75        Procedure for Appointment of First Auditor in a Company Including Government Company
    76        Procedure for Appointment of Subsequent Auditor/Re-Appointment of the Retiring Auditor
    77        Procedure Regarding Acceptance of Resignation of Auditor
    78        Procedure to fill the casual Vacancy Caused by Resignation of an Auditor
    79        Procedure for Appointment of Internal Auditor
    80        Procedure for Appointment of Cost Auditor
    81        Procedure for Appointment of Secretarial Auditor
    82        Procedure for Appointment of Auditor other than Retiring Auditor
    83        Procedure for Removal of Auditor before the expiry of his term
    # 20 Borrowings
    84        Procedure for Borrowing Money by Public Company Exceeding Aggregate of Its Paid-Up Share Capital, Free Reserves and Securities Premium
    # 21 Registration of Charges
    (Creation, Modification or Satisfaction)
    85        Procedure for Creation/Modification of Charges
    86        Procedure for Satisfaction of Charge
    87        Procedure for Condonation of Delay for Registration of Satisfaction of Charges by Central Government (Regional Director)
    # 22 Loan from Directors or Relatives of Directors
    88        Procedure For Obtaining Unsecured Loan From Director or Director’s Relative in Private Limited Company
    89        Procedure For Obtaining Unsecured Loan from Director in Public Limited Company if Loan from Director, Together with amount already Borrowed as Loan, is Equivalent to or Less than the Aggregate of Paid-up Share Capital, Free Reserves and Security Premium of the Company
    90        Procedure for Obtaining Unsecured Loan from Director in Public Limited Company if Loan From Director together with amount already Borrowed as Loan is exceeding the Aggregate of Paid-Up Share Capital, Free Reserves and Securities Premium of the Company
    # 23 To Sell, Lease or otherwise Dispose off the Whole or Substantially the Whole of the Undertaking by a Public Limited Company
    91        Procedure for Selling, Leasing or Otherwise Disposing Off the Whole or Substantially the Whole of the Undertaking by a Public Limited Company
    # 24 Related Party Transactions
    92        Procedure for Related Party Transaction permissible through Board Resolution
    93        Procedure For Related Party Transactions permissible through Member’s Resolution
    # 25 Acceptance of Deposits
    94        Situation I: Procedure for Acceptance of Unsecured Deposits by Private Limited Company from Its Members Upto 100% of Aggregate of Paid-Up Share Capital, Free Reserves And Securities Premium Account
    95        Situation II: Procedure for Acceptance of Secured Deposits by Private Limited Company from Its Members Upto 100% of Aggregate of Paid-Up Share Capital, Free Reserves and Securities Premium Account
    96        Situation III: Procedure for Acceptance of Unsecured Deposits by Specified Private Company from its Members without any Limit
    97        Situation IV: Procedure for Acceptance of Secured Deposits by Specified Private Company from its Members without any Limit
    98        Situation V: Procedure for Acceptance of Unsecured Deposits by Non-Eligible Public Company from its Members upto 35% of the Aggregate of Paid-Up Share Capital, Free Reserves and Securities Premium Account
    99        Situation VI: Procedure for Acceptance of Secured Deposits by Non-Eligible Public Company from its Members upto 35% of the Aggregate of Paid-Up Capital and Free Reserves and Securities Premium Account
    100      Situation VII: Procedure for Acceptance of Unsecured Deposits by Eligible Company from its Members upto 10% of Aggregate of Paid-Up Share Capital, Free Reserves
    and Securities Premium Account and from Public Upto 25% of the Paid-Up Share Capital, Free Reserves and
    Securities Premium Account
    101      Situation VIII: Procedure for Acceptance of Secured Deposits by Eligible Company from its Members up to 10% of Aggregate of Paid-Up Share Capital, Free Reserves and Securities Premium Amount and from Public Company up to 25% of the Paid-Up Share Capital and Free Reserves
    102      Procedure for Repayment of Pre-Mature Deposits
    103      Procedure for Filing Return in Respect of Transactions not considered as Deposit
    # 26 Declaration and Payment of Dividend
    104      Procedure for payment of Interim Dividend
    105      Procedure for payment of Final Dividend
    # 27 Loan to Directors, etc. of a Public Company
    106      Procedure to Give Loan to Managing Director or Whole-Time Director or Any Person In
    # 28 Corporate Social Responsibility
    107      Corporate Social Responsibility (CSR)
    # 29 Inter Corporate Loan, Investment and Guarantee
    108      Procedure for Loan, Investment, Guarantee or Investment in the Securities of any Body Corporate, etc. if the limit is upto 60% of the Paid-up Share Capital, Free Reserves and Securities Premium Amount or 100% of the Free Reserves and Securities Premium Amount, whichever is more
    109      Procedure for Loan, Investment, Guarantee or Investment in the Securities of any Body Corporate etc. if the limit is exceeding 60% of the Paid-up Share Capital, Free Reserves and Securities Premium Amount or 100% of the Free Reserves and Securities Premium Amount, whichever is more
    # 30 Board Meetings and Passing of Resolutions
    110      Conducting Board Meeting and Procedure for Passing of Board Resolution by Physical Presence and by Audio-Visual Means and Minutes of Board Meeting
    111       Procedure for Passing Board Resolution by Circulation
    # 31 Conducting of Annual General Meeting/General Meeting and Procedure for Passing of Member’s Resolution Annual General Meeting/General Meeting and Filing of Documents related to Annual General Meeting
    112      Procedure to Call Annual General Meeting/Extra-Ordinary General Meeting and Filing of Documents and Returns Related to Annual General Meeting
    113      Procedure for passing of Resolution by Voting through Electronic means
    114      Procedure for passing of Resolution(s) through Postal Ballot
    # 32 Different Committees and their Workings
    under the Companies Act, 2013

    115      Constitution of Corporate Social Responsibility Committee and Workings of Corporate Social Responsibility Committee
    116      Constitution of Audit Committee/Nomination and Remuneration Committee and Stakeholders Relationship Committee and Their Workings
    # 33 Maintenance of Books of Accounts and Keeping them either at the Registered Office or such other Place
    117      Procedure for Keeping Books of Accounts at a Place Other than the Registered Office of the Company
    # 34 Registers/Documents/Returns to be
    Maintained by Every Company
    118      Registers/Documents/Returns/Books of Accounts to be kept and maintained by every company
    # 35 Condonation of Delay in Filing of Various
    Forms Other than in Case of Charges
    119      Procedure for Condonation of Delay in Filing of Various Forms
    # 36 Contribution to Charitable Funds
    120      Procedure for Contribution to bona fide Charitable Funds If the Aggregate Amount of Contribution is upto 5% of Its Average Profit for the three Immediately Preceding Financial Years
    121      Procedure for Contribution to bona fide Charitable Funds if the Aggregate Amount of Contribution is more than 5%
    of its Average Profit for the three Immediately
    Preceding Financial Years
    # 37 Contribution to Political Parties
    122      Procedure to Make Contribution to Political Parties
    # 38 Company Capable of Being Registered
    under the Companies Act, 2013
    123      Procedure for Registration of Partnership Firm/Society/ Trust, etc., as a Company Limited by shares or limited by guarantee under the Act
    # 39 Striking Off of Name of a Company
    124      Procedure for Striking Off of Name of an Eligible Company
    # 40 Fraud and Offences Punishable for
    Fraud under the Companies Act, 2013
    125      Concept of Fraud and Offences Punishable for Fraud under the Companies Act, 2013
    # 41 Marking of e-Form as Defective
    126      Marking of E-Form as Defective by the Registrar of Companies on Request of a Company and Authorised Person
    # 42 Compounding of Offences
    127      Procedure for Compounding of Offences by National Company Law Tribunal
    128      Procedure for Compounding of Offences by Regional Director, Ministry of Corporate Affairs
    # 43 Adjudication of Penalties
    129      Adjudication of Penalties
    # 44 Micro and Small Enterprises Suppliers
    130      Furnishing of Information by Specified Companies about Outstanding Payment to Micro and Small Enterprise Suppliers
    APPENDICES
    Appendix 1             Schedule I: Specimen Memorandum and Articles of Association
    Appendix 2             Schedule II: Useful Lives to Compute Depreciation
    Appendix 3             Schedule III: General Instructions for Preparation of Balance Sheet and Statement of Profit and Loss of a Company
    Appendix 4             Schedule IV: Code for Independent Directors
    Appendix 5             Schedule V: Part I: Conditions to be fulfilled for the appointment of a managing or whole-time director or a manager without the approval of the Central Government
                                     Part II: Remuneration
                                     Part III: Provisions applicable to Parts I and II of this Schedule
                                     Part IV: Exemption
    Appendix 6             Schedule VI: Infrastructural projects/facilities — Scope of
    Appendix 7             Schedule VII: Activities which may be included by Companies in their Corporate Social Responsibility Policies
    Appendix 8             SS-1: Secretarial Standard on Meetings of the Board of Directors
    Appendix 9             SS-2: Secretarial Standard on General Meetings
    Appendix 10           SS-3: Secretarial Standard on Dividend