CA Inter Company Law Section , Forms & Rules List in PDF

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We are Sharing With You CA Inter Company Law Section , Forms & Rules List in PDF . So kindly Check Out our http://www.castudynotes.com website and ALL the Best for Your upcoming Exams.

CA STUDY NOTES

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CHAPTER – 1 PRELIMINARY

SECTIONS

  • 1 – Short title, extent, commencement, application
  • Section 2 – Definitions

FORMS

  • NO FORMS

RULES

  • NO RULES

CHAPTER – 2 INCORPORATION OF COMPANY AND MATTERS INCIDENTAL THERETO

SECTIONS

  • Section 3 – Formation of company
  • Section 4 – Memorandum of Association (MOA)
  • Section 5 – Article of Association (AOA)
  • Section 6 – Act to override MOA, AOA, etc.,
  • Section 7 – Incorporation of company
  • Section 8 – Formation of companies with charitable or social objectives
  • Section 9 – Effect of registration
  • Section 10 – A commencement of business etc.,
  • Section 11 – Omitted
  • Section 12 – Registered office of company
  • Section 13 – Alteration of memorandum
  • Section 14 – Alteration of articles

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  • Section 15 – Alteration of memorandum and/or articles to be noted in

every copy

  • Section 16 – Rectification of name of company
  • Section 17 – Copies of memorandum, articles etc., to be given to

members

  • Section 18 – Conversion of companies already registered
  • Section 19 – Subsidiary company not to hold shares in its Holding

company

  • Section 20 – Service of documents
  • Section 21 – Authentication of documents, proceedings and contracts
  • Section 22 – Execution of Bills of exchange etc., will be deemed to be

done by company if it’s done by any person acting under its authority

FORMS

  • INC 1 – Name reservation
  • INC 2 – Nominee
  • INC 3 – Written consent of nominee
  • INC 4 – Change in nominee
  • INC 5 – Threshold
  • INC 6 – Conversion of OPC
  • INC 7 – Incorporation of company
  • INC 8 – Declaration by CA/CS/CMA
  • INC 9 – Affidavit
  • INC 10 – Declaration by directors
  • INC 11 – Certification of incorporation
  • INC 12 – Registration of OPC
  • INC 13 – Memorandum of Association & Article of Association
  • INC 14 – Declaration by CA/CS/CMA
  • INC 15 – Declaration by director/subscribers for section 8 company
  • INC 16 & 17 – License by CG through ROC for section 8 company
  • INC 18 – Conversion
  • INC 19 – Notice of conversion
  • INC 20 – Revocation of license
  • INC 20A – Commencement of business
  • INC 22 – Setting up of registered office
  • INC 23 – Change in registered office
  • INC 24 – Change in name of company voluntarily
  • INC 25 – Incorporation certificate with new name

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    • INC 26 – Advertisement for change in registered office
    • INC 27 – Conversion of company
    • INC 28 – Notice of court
    • INC 29 – Fast track company registration for OPC
    • INC 30 – Memorandum of Association (MOA)
    • INC 31 – Articles of Association (AOA)
    • INC 32 – Incorporation of company (SPICe)
    • INC 33 – E-MOA
    • INC 34 – E-AOA

RULES

    • RULE 3 – One Person Company (OPC)
    • RULE 4(6) – Nomination by the subscriber or member of one person

company

    • RULE 28 – Shifting of registered office within same state
    • RULE 30 – Shifting of registered office from one state to another state or

union territory to another state

CHAPTER – 3 PROSPECTUS AND ALLOTMENT OF SECURITIES

SECTIONS

    • Section 23 – Public offer and private placement
    • Section 24 – Omitted
    • Section 25 – Documents containing offer of securities for sale to be

deemed prospectus

    • Section 26 – Matters to be stated in prospectus
    • Section 27 – Variation in terms of contract or object in prospectus
    • Section 28 – Offer of sale of shares by certain members of company
    • Section 29 – Public offer of securities to be in Dematerialised Form
    • Section 30 – Omitted
    • Section 31 – Shelf Prospectus
    • Section 32 – Red Herring Prospectus
    • Section 33 – Issue of application forms for securities
    • Section 34 – Criminal liability for misstatements in prospectus

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    • Section 35 – Civil liability for misstatements in prospectus
    • Section 36 – Punishments for fraudulently inducing persons to invest

money

    • Section 37 – Actions by affected persons
    • Section 38 – Omitted
    • Section 39 – Allotment of securities by company
    • Section 40 – Securities to be dealt with in stock exchange
    • Section 41 – Omitted
    • Section 42 – Offer or invitation for subscription of securities on private

placement

    • Section 447 – Punishment for fraud

FORMS

    • PAS 1 – Advertisement giving details of prospectus of altering the object
    • PAS 2 – Information memorandum
    • PAS 3 – Return of allotment
    • PAS 4 – Private placement offer letter
    • PAS 5 – Record of private placement offer to be kept by company

RULES

    • RULE 9 – Dematerialization of securities

CHAPTER – 4 SHARE CAPITAL AND DEBENTURES

SECTIONS

    • Section 43 – Kinds of share capital
    • Section 44 – Nature of shares or debentures
    • Section 45 – Nature and numbering
    • Section 46 – Certificate of shares (Form SH1)
    • Section 47 – Voting rights
    • Section 48 – Variation of shareholders rights
    • Section 49 – Calls on shares of same class to be made on uniform basis
    • Section 50 – Company to accept unpaid share capital, although not

called up

    • Section 51 – Payments of dividend in proportion to amount paid up
    • Section 52 – Application of premiums received on issue of shares

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  • Section 53 – Prohibition on issue of shares at discount
  • Section 54 – Issue of sweat equity shares
  • Section 55 – Issue and redemption of preference shares
  • Section 56 – Transfer and transmission of securities
  • Section 57 – Punishment for personation of shareholder
  • Section 58 – Refusal of registration and appeal against refusal
  • Section 59 – Rectification of register of members
  • Section 60 – Omitted
  • Section 61 – Alteration of share capital for limited company
  • Section 62 – Further issue of share capital
  • Section 63 – Issue of bonus shares
  • Section 64 – Notice to be given to registrar for alteration of share capital
  • Section 65 – Omitted
  • Section 66 – Reduction of share capital
  • Section 67 – Restriction on purchase by company or giving of loans by it

for purchase of its share

  • Section 68 – Power of company to purchase its own securities (Buy Back)
  • Section 69 – Transfer of certain sums to capital redemption reserve

account

  • Section 70 – Prohibition for buy back in certain circumstances
  • Section 71 – Debentures
  • Section 72 – Power to nominate

FORMS

  • SH 1 – Certificate of shares in physical form
  • SH 2 – Duplicate share certificate
  • SH 3 – Issue of sweat equity shares
  • SH 4 – Instrument of transfer
  • SH 5 – Notice by the company to transferer and transferee for partly

paid-up shares

  • SH 6 – Register of ESOP/ESOS
  • SH 7 – Notice to registrar for alteration of share capital
  • SH 8 – Letter of offer to be filed with ROC in relation to buy back of

shares and other securities

  • SH 11 – Return on completion of buy back of shares and other securities
  • SH 12 – Debenture trust deed
  • SH 13 – Nomination by security holders
  • SH 14 – Notice to the company of cancellation or variation of nomination

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    • SH 15 – Certificate of compliance in respect of buy back of securities by

two directors

RULES

    • RULE 4 – Equity shares with differential rights
    • RULE 8 – Issue of sweat equity shares
    • RULE 12 – Issue of employee stock options

CHAPTER – 5 ACCEPTANCE OF DEPOSITS BY COMPANY

SECTIONS

    • Section 73 – Prohibition on acceptance of deposits from public/members
    • Section 74 – Repayment of deposits, etc., accepted before

commencement of this Act

    • Section 75 – Omitted
    • Section 76 – Acceptance of deposits from public by certain companies
    • Section 76A – Punishment for contravention of sec.73 & 76

FORMS

    • DPT 1 – Form and particulars of advertisement or circular
    • DPT 2 – Appointment of trustee for depositors (Deposit trust deed)
    • DPT 3 – Return of deposit to be filed with ROC
    • DPT 4 – Statement regarding existing deposits as on the date of

commencement of Companies Act

RULES

    • RULE 3(1) – Tenure for which deposits can be accepted
    • RULE 3(2) – Deposits in joint ventures
    • RULE 3(7) – No right to alter
    • RULE 3(8) – Copy of credit rating to be sent to ROC
    • RULE 4 – Issuance of circular in form of advertisement
    • RULE 7 – Appointment of trustee for depositors
    • RULE 10 – Filing of application form for deposits
    • RULE 11 – Nomination
    • RULE 12 – Deposits receipt

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    • RULE 14 – Register of deposits
    • RULE 15 – Premature repayment of deposits
    • RULE 16 – Filing of return of deposits with ROC
    • RULE 16A – Disclosure in financial statements
    • RULE 17 – Penal rate of interest
    • RULE 21 – Punishment for contravention

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

release in absence of intimation from company

    • 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

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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

sec.96 to 98

    • 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

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  • 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

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    • 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

FORMS

    • NO FORMS

RULES

    • NO RULES

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

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    • 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

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  • 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

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