Compliance under Companies Act, 2013 CS Manish Gupta.

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<p>PowerPoint </p> <p>Compliance under Companies Act, 2013</p> <p>CS Manish Gupta</p> <p>Types of Compliance1. Annual or periodic compliances.</p> <p>2. Event based compliances.</p> <p>3. Regular Compliance</p> <p> Passed by Lok Shabha on 18-12-2012 Passed by Rajya Shabha on 08-08-2013 Got President Assent on 29th August 2013 &amp; notified on 30th August, 2013 470 Sections (658) 29 Chapters (13) 7 Schedules (15) 99 Sections were notified on 12-09-2013 199 Sections were notified w.e.f 01-04-2014 172 Sections Yet to be notified Amendment Act, 2015 passed &amp; notified on 26-05-2015 Overview of Companies Act, 2013</p> <p> Section 2(40) Financial Statements includes B/S, P &amp; L A/c, Cash Flow Statement, &amp; Statement of Changes in Equity.</p> <p> Section 2(41) Financial Year means period ending on the 31st day of March every year, and where it has been incorporated on or after the 1st day of January of a year, the period ending on the 31st day of March of the following year.Exemption to Holding &amp; subsidiary By NCLT.Existing companies to comply with in 2 years.</p> <p> Section 2(77) Relative Members of HUF, H &amp; W and includes F, M, S, Ss W, D, Ds H &amp; siblings.</p> <p> Section 2(85) Small Company PUC does not exceeds Rs. 50 Lakhs and Turnover does not exceeds Rs. 2 Crores.Exemptions - Public Company, H &amp; S Company, Section 8 &amp; Special Act Companies Chapter I Definitions</p> <p>Additional Requirement at the time of Incorporation :</p> <p>Affidavit from all Subscribers in Form INC 9.Declaration from Professionals, CA / CS / CWA in Form INC 8.</p> <p>Foreign Nationals as Subscribers to the MOA Resident of Commonwealth Country : Documents to be notarized by a Notary Public of that country.Resident of Country which is party to Hague Convention : Documents to be notarized by a Notary Public of that country and apostillised by the authorities of that country.Resident of any other Country : Documents to be notarized by a Notary Public of that country and Consularised by the Indian Embassy situated in that country.Non Resident Present in India : Having valid Business VISA.</p> <p> Chapter II Incorporation of Company</p> <p> Section 5(6) - The Articles of the Company shall be in respective forms specified in Table F (Schedule I), as may be applicable on the Company.</p> <p> Section 12(3)(a) - Every Company shall paint or affix the name and address of registered office and keep the same painted/affixed, outside every office or place in which its business is carried on, in conspicuous position and legible letters.</p> <p> Section 12(3)(c) - Every Company shall get its name, address of registered office, CIN, telephone/fax no. (if any) and email/website address (if any) printed on all business letters, billheads, letter papers, Notices and other official publications.</p> <p> Chapter II Incorporation of Company</p> <p>Section 11 Commencement of Business with in 180 days.</p> <p>Section 14(2) - Every alteration of Articles shall be filed with Registrar within 15 days of alteration, together with copy of altered Articles.</p> <p>Section 15(1) - Every alteration made in MOA and AOA shall be noted in every copy thereof.</p> <p>Section 20 Service of Documents (Speed Post, Registered Post, Courier Service, by hand or by electronic means)</p> <p> Chapter II Incorporation of Company</p> <p>Section 56(1) Transfer of Shares Transfer Deed SH - 4.</p> <p>Section 56(4) Delivery of Certificates.To SubscribersOn Allotment of SharesOn Transfer of SharesOn issue of Debentures</p> <p>Section 71 Issue of Debentures PAS 3.</p> <p>Application Money Received before 31-03-2014 Status &amp; Compliances </p> <p> Chapter IV Share Capital &amp; Debentures</p> <p>Section 74(1) Deposits accepted before commencement of the Companies Act, 2013.</p> <p>Section 76 Acceptance of Deposits by Companies :Unsecured loan from DirectorsCredit Rating from the Specialized AgencyDeposit Insurance</p> <p>Rule 16 Return of Deposits - DPT 3 upto 30th June.</p> <p>Eligible Companies : Having Net Worth </p>


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