Thursday, February 23, 2012

Company Secretary and Legal Compliances



Day after tomorrow ICSI will declare the result of the examination conducted by it in last December. A successful candidate in the final year (professional programme) is supposed to be stepped in to the top-level management of an organization. Even though he is well versed with the Companies Act, he should be in a dilemma, when he is stepped into an employment. The dilemma is nothing but the question “what are the compliances under the Companies Act, 1956, he is required to be complied with as a Company Secretary?” Here is a list in which the important compliances, a Company Secretary to be vigilant about the Companies Act, are given.
Section
Details
54
This Section empowers a Company Secretary to sign any document or proceeding needs authentication by the Company.
75
To file the return of allotment with Registrar of Companies in
e-form 2 within 30 days allotment.
97
To give notice of the increase in share capital(authorized share capital) of the Company to the Registrar of Companies in form 5 within 30 days of passing the resolution.
113
Deliver the share/debenture certificate within the prescribed time limit. (Within 3 months after allotment or 2 months after registration of transfer)
115
Make entries in the register of members on the issue of share warrants. (Share warrant holder is not a member of the Company).
118
Forward copy of trust deed to members or debenture holders within seven days of their request and payment of the required fee.
125
Creation of charge with the Registrar of Companies in form 8.
146
File the notice of situation of Registered Office or change of Registered Office of the Company (form 18)
147
Display the name and address of the Registered Office of the Company outside the Registered Office and other places of businesses of the Company.
149
File with the Registrar of Companies a statutory declaration for obtaining the Certificate of commencement of business after incorporation of a public Limited Company.
161
Authorizing a Company Secretary to sign the annual return of the Company.
163
To allow inspection of register of members and furnish copies.
192
File form 23 for registering resolutions or agreements with the Registrar of Companies within 30 days of the event.
193
Prepare and maintain Minutes of various meetings.
196
Allow inspection of General Meeting Minutes of the Company.
215
Sign the balance sheet.
224
Intimate the appointment to the Auditor.
286
Send notice of Board Meetings to the Directors.
301
Maintain the Register of Contracts in which directors are interested.
303
Maintain the Register of director, Manager, secretary.
304
Allow the inspection of Register of directors.
307
Maintain the Register of directors’ share holding.
372A
Maintain the Register of loans and investments.
454
Assist in preparing the statement of affairs during winding up.
This is a comprehensive list and only related with the Companies Act, 1956.

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