Company is a voluntary association of persons formed for the purpose of doing

business having a distinct name and limited liability. It is a juristic person having a
separate legal entity distinct from the members who constitute it, capable of rights and
duties of its own and endowed with the potential of perpetual succession. The
Companies Act, 1956, states that 'company' includes company formed and registered
under the Act or an existing company i.e. a company formed or registered under any of
the previous company laws.

However, company is not a citizen so as to claim fundamental rights granted to citizens.

Company is a 'juristic person' and it can file a suit as an 'indigent person'

An Expression 'person' includes not merely a natural person but also other juridical
persons. A company being a juristic person would be represented before a Court of law
or any other place by a person competent to represent it. It is enough that the person
competent to represent a company presents the application on behalf of the company.
Minors, lunatics or person under any disability are also entitled to file a suit either
through guardian or the next friend. In such a case it is the guardian or next friend who
is competent to represent the petitioner.

Company is a separate legal entity

Company is separate legal entity distinct from its shareholders. The major constituents
of a company are its members, who are the ultimate owners and its directors. It is an
important feature of the company form of business, that there is a gap between the
ownership and control over the affairs of the company. In real sense the members are
the owners of a company, but it is being managed by the directors who are elected
representatives of its members, because it is absolutely necessary for it to have a human
agency called as the Company's board of directors. The Board of Directors comprises
the directors.

A company registered under the Companies Act has the following features:-

1. Separate legal entity;

2. Incorporated body ;
3. Artificial legal person;
4. Perpetual succession;
5. Limited liability;
6. Common seal;
7. Right to own property;
8. Right to sue;
9. Right to enter in to contracts;
10. Flexibility of investment;
11. Separation of control from the ownership
1. A company is a legal entity, distinct and independent of those persons who
from time to time are its members.

2. The liability of the company’s members can be limited to the extent they have
agreed to contribute towards the capital of the company with reference to the
number of shares and/or the amount of guarantee respectively undertaken by
them.

3. As the company is having an independent personality of its own, its members

are not personally liable for any act or omission on the part of the company,
unless the law expressly provides otherwise.

4. The company being a juristic person, distinct from the members constituting
it, can acquire, own, enjoy and alienate property in its own name. As such the
property would be that of the company and no member can make any claim
upon it so long as the company is a going concern.

5. The company being a legal entity can sue and also be sued in its own name.

6. The continuity of the company and its functioning is not effected by the death,
disability or retirement of any its members. The company continues to exist,
irrespective of change in its membership. It is commonly referred to as
“perpetual succession”.

7. Transfer of member’s interest in the company can be readily attained without

in any way adversely affecting its property, business, or existence.

8. Transferability of the company’s shares provides an element of liquidity to the

investors in respect of their investment in the shares of the company and thus
facilities increased investment in the company’s fund without, in any way,
adversely affecting its economic stability.

9. The members of the company equitably share the profit by way of divided and
the company’s assets in the event of its winding up in proportion of the capital
respectively contributed by them.

10. Shares of small denomination afford an opportunity to the small investors to

invest according to their capacity.

11. Increased investment in the company’s funds is further ensured by permitting

large number of persons to subscribe to the company’s shares. Incorporation
of a company affords better opportunity for strengthening capital resources,
growth and development of the enterprise.

12. The corporate form of business organisation affords opportunity for

professionalisation of its management and entrusting the administration of its
 affairs to persons of professional competence and standing.

13. Arrangements between the company and its members are comparatively
similar to those of other forms of organisation. For example, a company may
make a valid and effective contract with one of its member. It is also possible
for person in control of a company, to be in its employment as an employee,
subject to the provisions of the Act.

14. Incorporation of company provides better borrowing facilities as the company

can raise large amount, on comparatively easier terms, by issue of debentures,
especially those secured by a floating charge or by accepting deposits from the
public. Even banking and financial institutions prefer to render financial
assistance to incorporated companies.

15. In certain cases, an incorporated company comparatively stands in a better

position from the point of view of taxation on its income.

16. Once the company is brought in to existence on its incorporation, it can only
be dissolved with the provisions of the law.

Companies under the Companies Act, 1956 may be classified on various grounds
as under:

I. On the basis of business activities undertaken:

Companies

(1) (2) (3) (4) (5)

Non-Banking Non-profit
Manufacturing Service Producer
Finance making
Activities Activities (Section 581 A)
Activities (Section-25)

II. On the basis of liabilities of the members and directors:

Companies

With Limited liability With unlimited liability

(1) (2)

(a) (b) (c)

Limited Limited by Limited by
By shares Guarantee & Guarantee
having share
capital

III. On the basis of membership pattern/size

Companies
 (1) (2) (3)
Public Private Government

(a) (b) (a) (b)

Unlisted Listed Inde- Subsidiary
pendent of Public
Co.

IV. On the basis of place of registration:

Companies

(1) (2)
Indian Company Foreign Company
(Incorporated in India) (Company incorporated outside
India but having place of
business in India)

V. On the basis of control over the management:

Companies

(1) (2)
(Holding Company) (Subsidiary Company)

1. Periodicity of the Board Meetings

Section 285 of the Act provides that every company, private or public, shall hold at
least one meeting of the Board in a period of three months and four meetings in a year.
But a company registered under section 25 of the Companies Act, has privilege that the
Board or the Governing Body may meet at least once in six months.

2. Interval between two Board Meetings

The Expression ‘every three months’occuring in section 285 naturally means three
months taken together. Provisions of section 285 will be fulfilled if the Board of
directors meet on the first of January, or the 31st March or any date in between. Next
three months should naturally comprise April to June. It is open to the Board of
directors to meet on any date during three months from April to June. Similarly, the
Board may, at least, meet on a particular date during July to September and so on. In
section 285 there is no scope for making backward calculation.

Day, Date, Time and Place for Holding Board Meetings

3. Day of holding meeting

Board meetings are normally held during business hours and on a day, which is not a
public holiday. However, a Board meeting may validly be held on public holiday.
Department has clarified vide Letter No. 8/11(285)/63-PR, dated 2-5-1963 that it would
not raise any objection if an original Board meeting is held on a public holiday for the
convenience of the directors although it considers that an original Board meeting should
normally be held only on a working day.

4. Time of holding Board meetings

Board meetings can be held during business hours or outside business hours. There is
no restriction on that matter under the Act.

5. Place for holding Board Meeting

Board meetings can be held at any place whether it be a company’s registered office or
head office or any other premises and whether or not it is within the same city, town,
village or state in which the registered office of the company is situated. Board meeting
can also be held at places other than these places including abroad.

Classification of minutes
Minutes can be classified into the following three types on the kind of meeting to which
they relate:-
1. Minutes of Board meetings
2. Minutes of meetings of committee of the Board

3. Minutes of General meetings

Minutes -- Meaning
The term ‘minutes’ though not defined in the Companies Act, 1956, may be considered
as a written record of proceedings of a meeting of any Company duly kept in pursuance
of the law. Minutes contain inter alia a description of the type of meeting to which they
relate, its date, time and venue, mention about persons attended the meeting concerned,
confirmation of minutes of previous meeting as a result of practice, decisions taken,
process at the meeting, discussions held, voting on resolutions, etc.

Minutes may also be defined as the written record of the business transacted at the
meetings. Minutes record what was done at the meeting. i.e. decision taken at the
meeting, therefore, the minutes should contain record of the business transacted at the
meeting as a whole and should exclude any reference to conduct or events which are
not themselves items of transacted business.
Section 3(1) (iii) defines a private company as one which—
(a) has a minimum paid-up share capital of Rs.1 Lakh or such higher capital as may be
prescribed;and

(b) by its Articles Association:

1. restricts the right of transfer of its share;
2. limits the number of its members to 50 which will not include:-
A. members who are employees of the company; and
B. members who are ex-employees of the company and were members while
in such employment and who have continued to be members after ceasing
to be employees;
3. prohibits any invitation to the public to subscribe for any shares or debentures
of the company; and
4. Prohibits any invitation or acceptance of deposits from persons other than its
members, directors or their relatives.

This goes to say that a private company, in addition to the earlier conditions, shall have
a minimum paid-up share capital of Rupees One Lakh or such higher capital as may be
prescribed and its Articles shall prohibit invitation or acceptance of deposits from
persons other than its members, directors or their relatives. In case of such companies,
public interest is not involved.

The basic characteristics of a private company in terms of section 3(1)(iii) of the Act do
not get altered just because it is a subsidiary of a public company in view of the fiction
in terms of section 3(1)(iv)(c) of the Act that it is a public company. May be it is a
public company in relation to other provisions of the Act but not with reference to its
basic characteristics. In terms of that section, a company is a private company when its
articles restrict the right of transfer of shares, restrict its membership to 50 (other than
employees shareholders) and prohibits invitation to public to subscribe to its shares.
Therefore, all the provisions in the articles to maintain the basic characteristics of a
private company in terms of that section is restriction on the right to transfer and the
same will apply even if a private company is a subsidiary of a public company.
 ...Next

Persons desirous of forming a company must adhere to the step by step procedure
as discussed below:-
1. Selection of type of the company.
2. Selection of name for the proposed company.
3. Apply for Directors Identification Number and Digital Signatures.
4. Drafting of Memorandum and Articles of Association.
5. Stamping, digitally signing and e-filing of various documents with the Registrar.
6. Payment of Fees.
7. Obtaining Certificate of Incorporation.
8. Preparation and filing of Prospectus/Statement in lieu of Prospectus and e-Form
19/20 (in case of public companies) for obtaining the certificate of commencement
of business.
Obtaining Certificate of Commencement of business (in case of public limited
9.
companies).
1. Selection of the type of company
The Promoters of a company may be individual entrepreneurs or body corporate
engaged in efforts to incorporate a company. They have the power of defining the
object of the company and deciding various matters for the company proposed to be
incorporated. It is depending upon, the purposes for which the company is to be
incorporated, proposed scale of operations, capital involved, etc. The promoters can
select type of the company as they wish to form themselves into viz. private company,
public company, non-profit making company, etc.

2. Selection of name
Six names are required to be selected in order of preference after taking notes of
numerous provisions, clarifications, circulars and rules made by the Ministry of
Corporate Affairs, etc. In case key word is required, significance of each key word
should be given in the e-Form 1A.
 2.1 Applying for ascertaining the availability of the selected name
The promoters are required to make an application to the concerned Registrar of
Companies to be submitted electronically to the Ministry of Corporate Affairs on the
portal of MCA. An application shall be in e-Form 1A as prescribed by Notification
No. GSR 56(E) dated 10th Feb., 2006 duly digitally signed by any one promoter or
managing director or director or manager or secretary of the company along with the
required fee for ascertaining whether the selected name is available for adoption by
the promoters of the proposed company.

2.2 Approval of the name

After receipt of completed application in e-Form 1A, the Registrar shall intimate
whether the proposed name is available for adoption or not. The confirmation of the
name made available by the Registrar shall be valid for a period of six months.In case,
if the promoters fail to submit all the required documents for incorporation within that
period, then they are required to submit another application after payment of requisite
fees.

3. Requirement for having DIN

As per proviso to section 253 of the Companies Act, 1956, inserted by the Companies
(Amendment) Act, 2006, w.e.f. 1-11-2006, no company shall appoint or re-appoint any
individual as director of the company unless he has been allotted a Director
Identification Number under section 266B.

New section 266A has been inserted by the Companies (Amendment) Act, 2006 which
provides that every individual, intending to be appointed as director of a company shall
make an application for allotment of Director Identification Number (DIN) to the
Central Government in the prescribed DIN Form. Therefore, before submission of e-
Form 1A all the directors of the proposed company must ensure that they are having
DIN and if they are not having DIN, it should be first obtained.

Specific care should be taken that a person cannot have more than one DIN, therefore, a
DIN once obtained shall serve the requirement for all the companies in which he is a
director or intended to be a director.

4. Preparation of the Memorandum of Association (MOA) and Articles of

Association (AOA)
Drafting of the MOA and AOA is generally a step subsequent to the availability of
name made by the Registrar. It should be noted that the main objects should match with
the objects shown in e-Form. These two documents are basically the charter and
internal rules and regulations of the companies. Therefore, they must be drafted with
utmost care with the experts advise and the other object clause should be drafted in a
very broader sense.

5. Filing of documents with the Registrar

Next step for the promoters is to file the following documents with the Registrar for
incorporation of the company. The following documents shall be submitted to the
Registrar alongwith the adequate filing fees as applicable for registration of the
company online with in a period of six months from the date of intimation of
availability of name:-
1. Memorandum of Association, duly signed by the subscribers and witnessed,
showing the number of shares against their names electronically attached in PDF
file. It should also be properly stamped as per the stamp duty applicable in the
State, where the registered office of the company is to be situated.Simultaneously
original stamped copy of the Memorandum of Association shall be submitted
with the Registrar of Companies concerned.

2. Articles of Association should be duly signed by the subscribers and witnessed,

showing the number of shares against their names electronically. It should be
properly stamped according to the authorized share capital as per the stamp duty
applicable in the state, where the registered office of the company to be situated.
Simultaneously original stamped copy of the Memorandum of Association shall
be submitted with the Registrar of Companies concerned.

3. Copy of the agreement, if any, which the company proposes to, enter in to with
any individual for appointment as its managing or whole-time director or
manager shall be attached in the PDF file.

4. Declaration in e-Form 1 by an advocate or company secretary or chartered

accountant engaged in whole time practice in India or by a person named in the
Articles as a director, manager or secretary of the company, that all the
requirements of the Companies Act, 1956 and the rules made thereunder have
been complied with in respect of registration and matters precedent and
incidental thereto, which may be accepted by the Registrar as sufficient evidence
of such compliance. It should be carefully noted that details of all the companies
in which directors are also director should be given and the names, addresses and
other particulars of directors and promoters should be matched with the
information provided in the DIN application Form. [ Section 33(2)] (Appendix
2).

5. Power of Attorney for should be furnished by all the subscribers in favour of any
one subscriber or any other person authorising him to file these documents and to
with the Registrar and to obtain certificate of incorporation. The power of
attorney should be given on Non-Judicial stamp paper of appropriate value and
shall be submitted to the Registrar. (Appendix 3).

6. Other agreement if any, which has been stated in the Memorandum or Articles of
Association shall also be filed in the PDF file with the Registrar because in such
cases the agreement will form part of this basic document.

7. E-Form 18 is to be filed with the Registrar electronically with the digital

signatures in regard to location of the registered office. E-Form 18 shall also be
certified by the company secretary or chartered accountant or cost accountant in
whole –time practice. [ Section 146 (2)] (Appendix 4)

8. E-Form 32 is required to be filed with the Registrar electronically for filing

particulars of directors. The personal details should match with the information
provided in the DIN. Following additional details are also required to given in e-
Form 32:
(a) Name and CIN of all the companies in which they are directors;
(b) Names of partnership concerns in which they are partner;
(c) Names of proprietorship concerns in which they are proprietor;
In case if the field provided in the e-From 32 is not sufficient, an annexure may
also be enclosed for the required details. As an e- Form 32 provides fields for
 submitted for additional appointments. E-Form 32 AD, if any is also required to
be certified by the company secretary or chartered accountant or cost accountant
in practice digitally before filing with the Registrar. Consent to act as director on
plain paper and authorization to submit e-Form 32 from all the director should be
attached with the e-Form 32.
6. Payment of registration fees for a new company
The fees payable
E-form torequired
32 is the Registrar
to be at the timesigned
digitally of registration of a new
by the director company varies
or managing director
according to the authorized
or manager or secretarycapital
of theofcompany.
a company proposed
E-Form to be be
32 shall registered as per
filed along with the
Schedule X to the
adequate Act.fee
filing Fees can be calculated
as prescribed by the MCA
under Schedule XIIIportal.
of the Companies Act,
1956, However, no separate filing fee is required to be paid on the addendum of
7. Certificate of Incorporation
e-Form 32.( Appendix 5). (section 33 and 34)
On the satisfaction of the Registrar that the requirements specified in sections 33(1) and
33(2) have been complied with by the company, he shall retain the documents and
register the MOA, AOA and other documents. Section 34(1) cast an obligation on the
Registrar to issue a Certificate of Incorporation, normally within 7 days of the receipt of
documents.

8. Commencement of Business
A Private limited company and a company not having share capital may commence its
business activities from the date of its incorporation. However, a public Limited
Company having share capital is required to take certificate of commencement of
business before it can commence business.

What is a Digital Signature Certificate (DSC)?

Digital Signature Certificates are electronic format of physical signatures. DSC can be
presented electronically to access information or services on the Internet, to prove the
identity or to sign certain documents digitally.

Why is DSC required?

W.e.f. 16th September 2006 all the documents required to be filed with ROC have to be
filed on portal of Ministry of Corporate Affairs at www.mca.gov.in using Digital
Signature Certificate.

Who issues the Digital Signature Certificate?

A licensed Certifying Authority (CA) issues the digital signature. Various certifying
authorities licensed by MCA include TCS, SIFY and MTNL etc.

Is Director Identification Number (DIN) a pre-requisite to apply for DSC?

It is not necessary that person should first have DIN number as a pre-requisite to apply
for DSC. DSC can be obtained without DIN. But both DSC and DIN are required for
filing any documents on portal of MCA.

What is the validity period of a Digital Signature Certificate?

The Certifying Authorities are authorized to issue a Digital Signature Certificate with
validity or one or two years.
What is the legal status of a Digital Signature?
Digital Signatures have legal validity and are admitted in Court of Law for various
purpos

1. Application for allotment of Director Identification Number

Section 266A inserted by the Companies (Amendment) Act, 2006 which, has been
notified by Notification No. G.S.R. 648E dated 19th Oct.’ 2006 and has come into the
force w.e.f. 1st Nov., 2006. The new section provides that every-

(a) Individual, intending to be appointed as director of a company; or

(b) Director of a Company appointed before the commencement of the
Companies(Amendment) Act, 2006, shall make an application for allotment of
Director Identification Number to the Central Government in form DIN-1.

Every applicant, who has made an application for allotment of Director Identification
Number, may be appointed as a director in a company, or, hold office as director in a
company till such time such applicant has been allotted Director Identification Number.

2. Allotment of Director Identification Number

Section 266B has been inserted by the Companies(Amendment) Act, 2006, which
provides that the Central Government shall, within one month from the receipt of the
application under section 266A, allot a Director Identification Number to an applicant.
3. Obligation on the Director to intimate Director Identification Number to
concerned company or companies
Section 266D of the Companies (Amendment) Act, 2006 provides existing director
shall, within one month of the receipt of Director Identification Number from the
Central Government, intimate his Director Identification Number to the company or all
companies wherein he is a director. Such intimation is required to be given in Form
DIN-2.

4. Important feature of Director Identification Number

1. Any individual who is a director or intends to become a director of a company
should apply for DIN. All the directors of a company must obtain DIN.

2. DIN application is to be supported by identity proof of any of the following viz.

PAN card, Driving License, Passport, Voter ID Card, Ration card, Electricity
Bill, Bank Statement.

3. DIN application is also to be supported with proof of residence of the applicant

director which can be any one of the following viz. Passport, Voter Id Card,
Ration card, Driving license, Electricity Bill,Telephone Bill and Bank
Statement.

4. DIN is mandatory for e-filing of forms and documents and PAN cannot be used
as an alternative to DIN.

5. DIN is mandatory for directors of Indian companies who are not citizens of
India.

6. DIN is not mandatory for directors of foreign company having branch offices in
India.

7. Only a single DIN is required for an individual, irrespective of number of

directorship held by him/her. All the directorships of an individual would be
mapped in the database through that DIN.

8. Even on resignation of a director the DIN will not be cancelled.

5. Formalities to be complied with for appointment of first directors
In the case of the appointment of first directors of a company, the following formalities
must be complied with at the time of incorporation:-
1. Confirm whether the proposed director is having Directors identification
Number (DIN), if he is not having DIN, apply in Form DIN. No company shall
appoint or re-appoint any individual as director of the company unless he has
been allotted a Director Identification Number under section 266B.

2. Obtain consent in the plain paper and the same shall be filed with the e-form 32.

3. Prepare e-form 32 in respect of the first directors and file it with the Registrar
 supported by the consent to act as a director;

4. Agreement, if any, which the company proposes to enter into with any
individual for appointment as its managing director or whole-time director or
manager shall be filed with the registrar;

5. E-Form 32 may be filed within 30 days after incorporation. It is advisable to file

them at the time of filing of other documents for incorporation. The registrar
also insists on it to be filed at the time of incorporation.

6. Particulars in the Register of directors shall be entered with respect to each

director immediately after the incorporation of the company.

7. Particulars of the Directors’ shareholding will be entered in the Register of

directors’ shareholdings;[Section 307]

8. Information relating to the director’s interests in other companies, firms and also
names of his relatives for the purpose of section 297 and 299 of the Act will be
obtained. A general notice of the interests under section 299 will also be given
in Form 24AA prescribed under the Companies (Central Government’s)
General Rules & Forms. 1956.

Nature of Activity Time Schedule

1. Allottment of DIN 3 days
2. Acquiring Digital Signature 2 days
3. Name approval 3- 4 days
4. Drafting of MOA & AOA, stamping, 3 days
digitally signing and filing the
documents on MCA portal
5. Grant of Certificate of Incorporation 4 days

What is Value Added Tax (VAT)?

It is a form of indirect tax and is in the nature of multi-point sales tax. In India, it is
the replacement of existing sales tax structure; the only difference is manner of levy.

Who is a person liable to pay tax?

Any person who, for the purposes of or consequential to his engagement in or in
connection with his business, buys or sells goods directly or otherwise, whether for
cash or for deferred payment or for commission, remuneration or other valuable
consideration and includes.

•A factor, commission agent, broker, del credere agent or any other mercantile
agent.
•A non-resident dealer or his agent.

•An auctioneer.

•A club, association, society and co-operative society.

•Casual trader.

•Any person who disposes any goods as unclaimed or confiscated, or

unserviceable or scrap, surplus, old, obsolete or as discarded material or waste
products by way of sale.
•Banking and insurance companies, if they buy, sell or supply goods.

Transactions liable for tax under the DVAT Act – Sale [Section 2(1)(zc)]

The term “sale” in DVAT Act covers the following transactions in its ambit:

•Transfer of property in goods by one person to another.

•Transfer of property by auctioneer, banks and insurance companies.

•Transfer of goods on hire purchase or other system of installments.

•Supply of goods by a society (including co-operative society), club, firm, or any

association to its members.
•Transfer, otherwise than in pursuance of a contract, of property in any goods.

•Work contract transactions.

•Leasing – Transfer of right to use goods.

•Supply, by way of or as part of any service or in any other manner, of goods,

being food or any other article for human consumption.
•Every disposal of goods as unclaimed or confiscated, or unserviceable or scrap,
surplus, old, obsolete or as discarded material or waste products.

Compulsory Registration

Every dealer is required to apply for registration under this Act if:-

Taxable Quantum

Section Circumstances Taxable Quantum (Rs.)

a 16A(7) Casual trader as defined u/s 2(1)(g) NIL
 b 18(2) Dealer who imports any goods for sale in NIL
Delhi
c 18(2) Any other dealer 10,00,000.00

In case of dealers who are engaged in works contract activities, taxable quantum
means the gross turnover, that is, the turnover before deducting therefrom amount of
labour and services.

In accordance with section 18(3) of the Act, taxable quantum of a dealer shall not
include turnover from:-

A) Sales of capital assets.

B) Sales made in course of winding up of dealer’s activities.
C) Sales made as part of the permanent diminution of the dealer’s activitie

Acts, Bills & Rules

Acts

• Limited Liability Partnership Act, 2008

• Societies Registration Act 1860
• Partnership Act 1932
• Companies ( Donation to National ) Fund Act 1951
• Companies Act, 1956 Part 1
• Companies Act 1956 Part 2
• The Companies Amendment Act, 2006
• The Monopolies and Restrictive Trade Practices Act, 1969
• The Competition Act, 2002
• The Competition Amendment Act, 2007
• The Chartered Accountants Act, 1949 [As amended by the Chartered Accountants
(Amendment) Act, 2006]
• Cost and Works Accountants Act, 1959 [As Amended By The Cost And Works
Accountants (Amendment) Act, 2006]
• The Company Secretaries Act, 1980 [As amended by The Company Secretaries
(Amendment) Act, 2006]

Bills

• The Companies Bill, 2009

• Errata to Companies Bill, 2009
• The Companies Bill, 2008
• Corrigenda to The Companies Bill, 2008
• The Limited Liability Partnership Bill, 2008

Rules (ICAI)
 • Procedure of Investigation ( English & Hindi version)
• Procedure of Meetings ( English & Hindi version)
• The Appellate Authority ( English & Hindi version)
• Corrigendum G.S.R.225(E) ( English & Hindi version)
• Chartered Accountants(Election to the council) Rules 2006 ( English & Hindi
version)
• Chartered Accountants(Election Tribunal) Rules,2006 ( English & Hindi version)

ICWAI

• Procedure of Investigation ( English & Hindi version)

• Procedure of Meetings ( English & Hindi version)
• The Appellate Authority ( English & Hindi version)

Compliance rules

• Companies (Accounting Standards) Rules, 2006

• Companies (Issue of Share Certificate) Rules, 1960
• Trustees (Declaration of Holdings of Shares and Debentures) Rules, 1964
• The Companies (Public Trustee) Rules, 1973
• Companies (Particulars of Employees) Rules, 1975
• Companies (Transfer of Profits to Reserves) Rules, 1975
• The Companies (Declaration of Beneficial Interest in Shares) Rules, 1975
• Public Companies (Terms of Issue of Debentures and Raising of Loans with
Option to Convert such Debentures or Loans into Shares) Rules, 1977
• Companies Unpaid Dividend (Transfer to General Revenue Account of the
Central Government) Rules, 1978
• Companies (Appointment and Qualifications of Secretary) Rules, 1988
• Companies (Disclosure of Particulars in the Report of Board of Directors) Rules,
1988
• Private Limited Company and Unlisted Public Limited Copmpany (Buy Back of
Securities) Rules 1999
• The Companies ((Issue of Share Capital with Differential Voting Rights) Rules,
2001
• The Companies (Appointment of the Small Shareholders Director) Rules, 2001
• The Companies (Passing of the Resolution by Postal Ballot) Rules, 2001
• Unlisted Public Companies (Preferential Allotment) Rules, 2003

Audit rules

• Companies (Branch Audit Exemption) Rules, 1961

• Manufacturing and Other Companies (Auditor's Report) Order, 1988
• Cost Audit (Report) Rules, 1996
• Cost Accounting Record Rules of 44 products
• Cost Audit Report Rules 2001
 • Companies Auditors Report order 2003 (CARO)

Company Law Board

• The Offices Of The Company Law Board Benches (Destruction Of Records)

Rules, 1980
• Company Law Board (Fees on Applications and Petitions) Rules, 1991
• Company Law Board Regulations, 1991
• Company Law Board (Qualifications, Experience and Other Conditions Of
Service of Members) Rules, 1993
• Company Law Board (Qualifications, Experience and Other Conditions of
Service of Members) ( Amendment) Rules, 1996
• Company Law Board (Qualifications, Experience and Other Conditions of
Service of Members) (Amendment) Rules, 1997

Competition Commission of India

• Companies (Preservation and Disposal of Records) Rules, 1966

• Competition Commission of India (Oath of Office and of Secrecy for Chairperson
and other Members) Rules, 2003
• Competition Commission of India (Salary, Allowances and other Terms and
Conditions of Service of Chairperson and other Members) Rules, 2003
• The competition commission of India (Terms of the selection committee and the
manner of selection of panel of names ) Rules 2008
• The competition appellate tribunal (Term of the selection committee and the
manner of selection of panel of names ) Rules 2008
• The competition commission of India (return on Measures for the promotion of
competition advocacy, awareness and training on competition issues ) rules 2008
• The competition commission of India (Form & time of preparation of Annual
Report) Rules 2008

Court liquidator rules

• Companies (Court) Rules, 1959

• Companies (Official Liquidator's Accounts) Rules, 1965
• Companies Liquidation Accounts Rules, 1965

Deposit rules

• Companies (Acceptance of Deposits) Rules, 1975

• Companies (Acceptance of Deposits Amendment) Rules, 1997

Destruction of records rules

 • Companies (Preservation and Disposal of Records) Rules, 1966
• The Offices Of The Regional Directors (Destruction Of Records) Rules, 1976
• The Office Of The Public Trustee (Destruction of Records) Rules, 1984
• Disposal of Records (in the Offices of the Registrar of Companies) Rules, 2003

General rules and regulations

• Companies Regulations, 1956

• Companies (Central Government's) General Rules and Forms, 1956
• Application of section 159 to Foreign Companies Rules 1975
• Companies (Appointment of Sole Agents) Rules, 1975
• Companies (Declaration of Dividend out of Reserves) Rules, 1975
• Companies (Application for Extension of time or Exemption under sub-section
(8) of section 58A) Rules, 1979
• Companies (Fees on Applications) Rules, 1999
• The Companies (Compliance Certificate) Rules, 2001

Investor rules

• The Investors Education and Protection Fund (Awareness an Protection of

Investors) Rules 2001