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Offences under Company Law (Penalties & Punishments)

Offences Under Company Law (Penalties & Punishments)

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Overview of Offences Under Company Law (Penalties & Punishments)

Offences under company law (penalties & punishments)

Contributors & Book Details of Offences Under Company Law (Penalties & Punishments)

Author CA. Kamal Garg
Publisher Bharat Law House Pvt. Ltd
Publication Year 1st edn., 2016
Language English
Number of pages 660
ISBN-13 978-93-5139-339-9
ISBN-10 978-93-5139-339-9

Table of contents

Division 1 INCORPORATION OF COMPANY

Chapter 1 Incorporation of Company

Chapter 2 Formation of Companies with Charitable Objects, etc.

Chapter 3 Commencement of Business, etc.

Chapter 4 Registered Office of Company

Chapter 5 Alteration of Memorandum or Articles to be noted in every copy

Chapter 6 Rectification of Name of Company

Chapter 7 Copies of Memorandum, Articles, etc., to be given to members

Division 2 PUBLIC OFFER AND ALLOTMENT OF SHARES

Chapter 8 Matters to be stated in prospectus

Chapter 9 Issue of Application forms for securities

Chapter 10 Criminal Liability for Mis-statements in prospectus

Chapter 11 Punishment for fraudulently inducing persons to invest money

Chapter 12 Punishment for personation for acquisition, etc., of securities

Chapter 13 Allotment of Securities by Company

Chapter 14 Securities to be dealt with in Stock Exchanges

Chapter 15 Offer or Invitation for subscription of securities on private placement

Division 3 SHARE CAPITAL AND DEBENTURES

Chapter 16 Certificate of Shares

Chapter 17 Variation of Shareholders' rights

Chapter 18 Prohibition on issue of shares at discount

Chapter 19 Transfer and transmission of securities

Chapter 20 Punishment for personation of shareholder

Chapter 21 Refusal of registration and appeal against refusal

Chapter 22 Rectification of register of members

Chapter 23 Publication of authorised, subscribed and paid-up capital

Chapter 24 Notice to be given to Registrar for alteration of share capital

Chapter 25 Reduction of share capital

Chapter 26 Restrictions on purchase by company or giving of loans by it for purchase of its shares

Chapter 27 Power of company to purchase its own securities

Chapter 28 Debentures

Division 4 PUBLIC DEPOSITS

Chapter 29 Prohibition on Acceptance of Deposits from public

Chapter 30 Repayment of deposits, etc., accepted before commencement of this Act

Chapter 31 Damages for fraud

Division 5 CHARGES

Chapter 32 Punishment for contravention

Division 6 REGISTERS AND RETURNS

Chapter 33 Register of Members, etc.

Chapter 34 Declaration in respect of beneficial interest in any share

Chapter 35 Power to close register of members or debenture-holders or other security holders

Chapter 36 Annual Return

Chapter 37 Place of keeping and inspection of registers, returns, etc.

Division 7 MEETINGS

Chapter 38 Punishment for default in complying with provisions of sections 96 to 98

Chapter 39 Statement to be annexed to notice

Chapter 40 Proxies

Chapter 41 Circulation of Members’ resolution

Chapter 42 Resolutions and Agreements to be filed

Chapter 43 Minutes of proceedings of general meeting, meeting of Board of Directors and other meeting and resolutions passed by postal ballot

Chapter 44 Inspection of minute-books of general meeting

Chapter 45 Report on Annual General Meeting

Division 8 DIVIDEND

Chapter 46 Unpaid Dividend Account

Chapter 47 Punishment for failure to distribute dividends

Division 9 ACCOUNTS

Chapter 48 Books of account, etc., to be kept by company

Chapter 49 Financial Statement

Chapter 50 Central Government to prescribe accounting standards

Chapter 51 Financial Statement, Board’s report, etc.

Chapter 52 Right of member to copies of audited financial statement

Chapter 53 Copy of financial statement/statements to be filed with Registrar

Division 10 AUDIT AND AUDITORS

Chapter 54 Removal, resignation of auditor and giving of special notice

Chapter 55 Powers and duties of auditors and auditing standards

Chapter 56 Punishment for contravention of sections 139 to 146

Chapter 57 Central Government to specify audit of items of cost in respect of certain companies

Division 11 Appointment and Qualification of Director

Chapter 58 Company to have Board of Directors

Chapter 59 Appointment of Directors

Chapter 60 Prohibition to obtain more than one Director Identification Number

Chapter 61 Director to intimate Director Identification Number

Chapter 62 Company to inform Director Identification Number to Registrar

Chapter 63 Obligation to indicate Director Identification Number

Chapter 64 Right of persons other than retiring directors to stand for directorship

Chapter 65 Appointment of additional director, alternate director and nominee director

Chapter 66 Appointment of directors to be voted individually

Chapter 67 Disqualifications for appointment of director

Chapter 68 Number of directorships

Chapter 69 Duties of directors

Chapter 70 Vacation of office of director

Chapter 71 Resignation of director

Chapter 72 Removal of directors

Chapter 73 Register of directors and key managerial personnel and their shareholding

Chapter 74 Members’ right to inspect

Division 12 DIRECTORS, MEETING OF BOARD

Chapter 75 Meetings of Board

Chapter 76 Quorum for meetings of Board

Chapter 77 Passing of resolution by circulation

Division 13 AUDIT COMMITTEE

Chapter 78 Audit Committee

Chapter 79 Nomination and Remuneration Committee and Stakeholders Relationship committee

Division 14 POWERS OF DIRECTORS

Chapter 80 Powers of Board

Chapter 81 Restrictions on Powers of Board

Chapter 82 Prohibitions and restrictions regarding political contributions

Chapter 83 Power of Board and other persons to make contributions to national defence fund, etc.

Chapter 84 Disclosure of interest by director

Chapter 85 Loan to Directors, etc.

Chapter 86 Loan and Investment by company

Chapter 87 Investments of company to be held in its own name

Chapter 88 Related Party Transactions

Chapter 89 Register of contracts or arrangements in which directors are interested

Chapter 90 Contract of employment with managing or whole-time directors

Chapter 91 Payment to director for loss of office, etc., in connection with transfer of undertaking, property or shares

Chapter 92 Restriction on non-cash transactions involving directors

Chapter 93 Contract by One Person Company

Chapter 94 Prohibition on forward dealings in securities of company by director or key managerial personnel

Chapter 95 Prohibition on insider trading of securities

Chapter 96 Appointment of managing director, whole-time director or manager

Chapter 97 Overall maximum managerial remuneration and managerial remuneration in case of absence or inadequacy of profits

Chapter 98 Compensation for loss of office of managing or whole-time director or manager

Chapter 99 Appointment of key managerial personnel

Chapter 100 Secretarial audit for bigger companies

Division 15 INQUIRY AND INVESTIGATION

Chapter 101 Power to call for information, inspect books and conduct inquiries

Chapter 102 Conduct of inspection and inquiry

Chapter 103 Investigation into company's affairs in other cases

Chapter 104 Procedure, powers, etc., of inspectors

Chapter 105 Freezing of assets of company on inquiry and investigation

Chapter 106 Imposition of restrictions upon securities

Chapter 107 Actions to be taken in pursuance of inspector's report

Chapter 108 Penalty for furnishing false statement, mutilation, destruction of documents

Division 16 COMPROMISES, ARRANGEMENTS AND AMALGAMATIONS

Chapter 109 Merger and amalgamation of companies

Chapter 110 Registration of offer of schemes involving transfer of shares

Chapter 111 Preservation of books and papers of amalgamated companies

Division 17 OPPRESSION AND MISMANAGEMENT

Chapter 112 Powers of Tribunal

Chapter 113 Consequence of termination or modification of certain agreements

Chapter 114 Class action

Chapter 115 Restrictions on making application under section 248 in certain situations

Chapter 116 Fraudulent application for removal of name

Chapter 117 Appeal to Tribunal

Division 18 SICK COMPANIES

Chapter 118 Appointment of interim administrator

Chapter 119 Sanction of scheme

Chapter 120 Punishment for certain offences

Division 19 WINDING UP OF COMPANIES

Chapter 121 Directions for filing statement of affairs

Chapter 122 Dissolution of company by Tribunal

Chapter 123 Declaration of solvency in case of proposal to wind up voluntarily

Chapter 124 Meeting of creditors

Chapter 125 Publication of resolution to wind up voluntarily

Chapter 126 Notice of appointment of Company Liquidator to be given to Registrar

Chapter 127 Powers and duties of Company Liquidator in voluntary winding up

Chapter 128 Company Liquidator to submit report on progress of winding up

Chapter 129 Final meeting and dissolution of company

Chapter 130 Offences by officers of companies in liquidation

Chapter 131 Penalty for frauds by officers

Chapter 132 Liability where proper accounts not kept

Chapter 133 Liability for fraudulent conduct of business

Chapter 134 Power of Tribunal to assess damages against delinquent directors, etc

Chapter 135 Liability under sections 339 and 340 to extend to partners or directors in firms or companies

Chapter 136 Prosecution of delinquent officers and members of company

Chapter 137 Statement that company is in liquidation

Chapter 138 Disposal of books and papers of company

Chapter 139 Information as to pending liquidations

Chapter 140 Liquidator to make returns, etc.

Chapter 141 Powers of Tribunal to declare dissolution of company void

Division 20 FOREIGN COMPANY

Chapter 142 Application of Act to foreign companies

Division 21 MISCELLANEOUS

Chapter 143 Fee for filing, etc.

Chapter 144 Power of Central Government to direct companies to furnish information or statistics

Chapter 145 Power to punish for contempt

Chapter 146 Punishment for fraud

Chapter 147 Punishment for false statement

Chapter 148 Punishment for false evidence

Chapter 149 Punishment where no specific penalty or punishment is provided

Chapter 150 Punishment in case of repeated default

Chapter 151 Punishment for wrongful withholding of property

Chapter 152 Punishment for improper use of "Limited" or "Private Limited"

Chapter 153 Adjudication of penalties

Chapter 154 Dormant Company

Chapter 155 Prohibition of association or partnership of persons exceeding certain number

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