Table of content:

• CHAPTER – 6 REGISTRATION OF CHARGES
• CHAPTER – 7 MANAGEMENT AND ADMINISTRATION
• CHAPTER – 8 DECLARATION AND PAYMENT OF DIVIDEND
• CHAPTER – 9 ACCOUNTS OF COMPANIES
• CHAPTER – 10 AUDIT AND AUDITORS

SECTIONS, FORMS & RULES LIST - CA INTER COMPANY LAW - Part 2

CHAPTER – 6 REGISTRATION OF CHARGES

SECTIONS

• Section 77 – Duty to register charges
• Section 78 – Application for registration of charge
• Section 79 – Section 77 to apply in certain matters
• Section 80 – Date of notice of charge/deemed notice
• Section 81 – Register of charges to be kept by registrar (ROC)
• Section 82 – Company to report satisfaction of charges
• Section 83 – Power of registrar to make entries of satisfaction and
• Section 84 – Intimation of appointment of receiver or manager
• Section 85 – Company’s register of charges
• Section 86 – Punishment for contravention
• Section 87 – Rectification by central government in register of charges

FORMS

• CHG 1 – Application to register creation or modification of charges (other than debentures)
• CHG 2 – Certificate of registration of charge
• CHG 3 – Certificate of modification of charge
• CHG 4 – Intimation to the registrar regarding particulars for the satisfaction of charge
• CHG 5 – Certificate of registration of satisfaction of the charge
• CHG 6 – Notice of appointment or cessation of receiver or manager
• CHG 7 – Company’s register of charges
• CHG 8 – Application to CG for condonation
• CHG 9 – Creation or modification of charge of debentures

RULES

• RULE 6 – Issue of certificate of modification
• RULE 8(2) – Memorandum of satisfaction of charge

CHAPTER – 7 MANAGEMENT AND ADMINISTRATION

SECTIONS

• Section 88 – Register of members etc.,
• Section 89 – Declaration in respect of beneficial interest in any share (registered/beneficial owner)
• Section 90 – Investigation of beneficial ownership of shares in certain cases (register of significant beneficial owner)
• Section 91 – Power of company to close register
• Section 92 – Annual return
• Section 93 – Omitted
• Section 94 – Place of keeping register
• Section 95 – Register etc., to be evidence
• Section 96 – Annual General Meeting (AGM)
• Section 97 – Power of tribunal to call AGM
• Section 98 – Power of tribunal to call EGM
• Section 99 – Punishment for default in complying with the provisions of
• Section 100 – Extraordinary General Meeting (EGM)
• Section 101 – Notice of meeting
• Section 102 – Explanatory statement to be annexed to Notice
• Section 103 – Quorum of meeting
• Section 104 – Chairman of meeting
• Section 105 – Proxies
• Section 106 – Restriction on voting rights
• Section 107 – Voting by show of hands
• Section 108 – Voting through electronic means
• Section 109 – Demand for poll
• Section 110 – Postal ballet
• Section 111 – Circulation of members’ resolutions
• Section 112 – Representation of president and governor in meetings
• Section 113 – Representation of corporation at meeting of companies and of creditors
• Section 114 – Ordinary and special resolutions
• Section 115 – Resolutions requiring special notice
• Section 116 – Resolutions passed at adjourned meeting
• Section 117 – Resolutions and agreements to be filed
• Section 118 – Minutes of various meetings
• Section 119 – Inspection of minute book of general meeting
• Section 120 – Maintenance and inspection of documents in electronic forms
• Section 121 – Report on annual general meeting
• Section 122 – Applicability of this chapter to one person company (OPC)

FORMS

• MGT 1 – Register of members
• MGT 2 – Register of debenture holders
• MGT 3 – Foreign register
• MGT 4 – Declaration by registered owner
• MGT 5 – Consent of beneficial owner
• MGT 6 – Declaration by persons holding beneficial interest in shares
• MGT 7 – Annual return form to be filed by company
• MGT 8 – Certificate by CS
• MGT 9 – Extract of annual return
• MGT 11 – Appointment of proxy for a meeting
• MGT 12 – Polling paper in a meeting
• MGT 13 – Scrutinizers’ report to a chairman pertaining to a poll of a meeting
• MGT 14 – Filing of resolutions or agreements to ROC
• MGT 15 – Form for filing report on the annual general meeting

RULES

• RULE 7 – Foreign register of members, debenture holders, other securities holders or Beneficial owner residing outside India
• RULE 8 – Authentication
• RULE 9 – Declaration in respect of beneficial interest in any shares
• RULE 14 – Inspection of registers, returns, etc.,
• RULE 15 – Preservation of registers of members etc., and annual return
• RULE 18 – Notice of the meeting
• RULE 19 – Proxies
• RULE 24 – Resolutions and agreements to be filed with ROC
• RULE 27 – Maintenance and inspection of documents in electronic form
• RULE 28 – Security of records maintained in electronic form
• RULE 29 – Inspection and copies of records maintained in electronic forms
• RULE 31 – Report on annual general meeting

CHAPTER – 8 DECLARATION AND PAYMENT OF DIVIDEND

SECTIONS

• Section 123 – Declaration of dividend
• Section 124 – Unpaid Dividend Account (UDA)
• Section 125 – Investor Education and Protection Fund (IEPF)
• Section 126 – Right to dividend, rights to shares and bonus shares to be held in abeyance pending registration of transfer of shares
• Section 127 – Punishment for failure to distribute dividends

CHAPTER – 9 ACCOUNTS OF COMPANIES

SECTIONS

• Section 128 – Books of account, etc., to be kept by company
• Section 129 – Financial statements
• Section 129A – Periodical financial results (Notification awaited)
• Section 130 – Reopening of accounts on courts or tribunal’s orders
• Section 131 – Voluntary revision of financial statements or boards report
• Section 132 – Constitution of National Financial Reporting Authority (NFRA)
• Section 133 – Central Government to describe/prescribe accounting standards
• Section 134 – Financial statements, boards report, etc.,
• Section 135 – Corporate Social Responsibility (CSR)
• Section 136 – Right of members to copies of audited financial statements
• Section 137 – Copy of financial statement to be filed with registrar
• Section 138 – Internal audit

FORMS

• AOC 1 – Statement containing salient features of subsidiaries or associates or joint ventures
• AOC 2 – Details containing contracts or arrangements entered into with related parties
• AOC 3 – Statement containing salient features of the audited financial statements
•  AOC 4 – Form to file a financial statements and other documents of the company with registrar

RULES

• RULE 3 – Manner of books of accounts to be kept in electronic mode
• RULE 4 – Conditions regarding maintenance and inspection of certain financial information by directors
• RULE 8 – Matters to be included in board’s report
• RULE 11 – Manner of circulation of financial statements in certain cases
• RULE 13 – Companies required to appoint internal auditor

CHAPTER – 10 AUDIT AND AUDITORS

SECTIONS

• Section 139 – Appointment of auditors
• Section 140 – Removal, resignation of auditor and giving of special notice
• Section 141 – Eligibility, qualifications and disqualification of auditor
• Section 142 – Remuneration of auditor
• Section 143 – Powers and duties of auditors and auditing standards
• Section 144 – Auditor not to render certain service
• Section 145 – Auditor to sign audit reports, etc.,
• Section 146 – Auditor to attend general meeting
• Section 147 – Punishment for contravention
• Section 148 – Central Government to specify audit of items of cost in respect of certain companies

FORMS

• ADT 1 – Form to inform the registrar regarding appointment of auditor by company
• ADT 2 – Application for removing the auditor before the expiry of their term by the company
• ADT 3 – Notice of resignation of auditor
• ADT 4 – Form to report any suspected fraud by the auditor to the central government

RULES

• RULE 4 – Conditions for appointment and notice to registrar
• RULE 5 – Class of companies
• RULE 6 – Manner of rotation of auditors by the companies on expiry of their term
• RULE 7 – Removal of auditor before expiry of his term
• RULE 8 – Resignation of auditor
• RULE 10 – Disqualification of auditor
• RULE 11 – Other matters to be included in auditors report
• RULE 14 – Applicability of the cost auditor
• RULE 14A – Applicability of cost audit