Company Law Procedures – Vol. 2

Company Law Procedures – Vol. 2

63. Procedure to Issue Unsecured Compulsorily Convertible Debentures by a Private Company
64. Procedure to Issue Secured Compulsorily Convertible Debentures by Private Company
65. Procedure to Issue Secured Non-convertible Debentures by Private Company
66. Procedure to Issue Secured Non-convertible Debentures through Private Placement by unlisted Public Limited Company within the borrowing limit of the Board
67. Procedure to Issue Secured Non-convertible Debentures through Private Placement by unlisted Public Limited Company exceeding the borrowing limit of the Board
68. Procedure to Issue Secured Compulsorily Convertible Debentures through Private Placement by unlisted Public Limited Company within the borrowing limit of the Board
69. Procedure to Issue Secured Compulsorily Convertible Debentures through Private Placement by unlisted Public Limited Company exceeding the borrowing limit of the Board
70. Procedure to Issue Unsecured Compulsorily Convertible Debentures through Private Placement by unlisted Public Limited Company within the borrowing limit of the Board
71. Procedure to Issue Unsecured Compulsorily Convertible Debentures through Private Placement by unlisted Public Limited Company exceeding the borrowing limit of the Board
72. Procedure for Transfer/Transmission of Securities
73. Procedure if Buy-Back of Shares/other specified Securities are up to 10% or less than 10% of Equity Paid-Up Share Capital and Free Reserves [Section 68]
74. Procedure if Buy-Back of Shares/other specified Securities are more than 10% but upto 25% of Equity Paid-Up Share Capital and Free Reserves
75. Procedure for Appointment of First Auditor in a Company including Government Company
76. Procedure for Appointment of Subsequent Auditor/Re-Appointment of the Retiring Auditor
77. Procedure Regarding Acceptance of Resignation of Auditor
78. Procedure to fill the Casual Vacancy caused by Resignation of an Auditor
79. Procedure for Appointment of Internal Auditor
80. Procedure for Appointment of Cost Auditor
81. Procedure for Appointment of Secretarial Auditor
82. Procedure for Appointment of Auditor other than Retiring Auditor
83. Procedure for Removal of Auditor before the expiry of his term
84. Procedure for Borrowing money by Public Company exceeding aggregate of its Paid-up Share Capital, Free Reserves and Securities Premium
85. Procedure for Creation/Modification of Charges
86. Procedure for Satisfaction of Charge
87. Procedure for Condonation of Delay for Registration of Satisfaction of Charges by Central Government (Regional Director)
88. Procedure for obtaining Unsecured Loan from Director or Director’s Relative in Private Limited Company
89. Procedure for obtaining Unsecured Loan from Director in Public Limited Company if Loan from Director, together with amount already borrowed as loan, is equivalent to or less than the aggregate of Paid-up Share Capital, Free Reserves and Security Premium of the Company
90. Procedure for obtaining Unsecured Loan from Director in Public Limited Company if loan from Director together with amount already borrowed as loan is exceeding the aggregate of Paid-up Share Capital, Free Reserves and Securities Premium of the Company
91. Procedure for Selling, Leasing or otherwise Disposing off the whole or Substantially the whole of the undertaking by a Public Limited Company
92. Procedure for Related Party Transaction permissible through board resolution
93. Procedure for Related Party Transactions permissible through member’s resolution
94. Situation I: Procedure for Acceptance of Unsecured Deposits by Private Limited Company from its members upto 100% of aggregate of Paid-up Share Capital, Free Reserves and Securities Premium Account
95. Situation II: Procedure for Acceptance of Secured Deposits by Private Limited Company from its members upto 100% of aggregate of Paid-up Share Capital, Free Reserves and Securities Premium Account
96. Situation III: Procedure for Acceptance of Unsecured Deposits by specified Private Company from its members without any limit
97. Situation IV: Procedure for Acceptance of Secured Deposits by specified Private Company from its members without any limit
98. Situation V: Procedure for Acceptance of Unsecured Deposits by Non-eligible Public Company from its members upto 35% of the aggregate of Paid-up Share Capital, Free Reserves and Securities Premium Account
99. Situation VI: Procedure for Acceptance of Secured Deposits by Non-eligible Public Company from its members upto 35% of the aggregate of Paid-up Capital and Free Reserves and Securities Premium Account

100. Situation VII: Procedure for Acceptance of Unsecured Deposits by Eligible Company from its members upto 10% of aggregate of Paid-up Share Capital, Free Reserves and Securities Premium Account and from Public upto 25% of the Paid-up Share Capital, Free Reserves and Securities Premium Account
101. Situation VIII: Procedure for Acceptance of Secured Deposits by Eligible Company from its members upto 10% of aggregate of Paid-up Share Capital, Free Reserves and Security Premium Amount and from Public Company upto 25% of the Paid-up Share Capital and Free Reserves
102. Procedure for Repayment of Pre-Mature Deposits
103. Procedure for Filing Return in respect of transactions not considered as Deposit
104. Procedure for Payment of Interim Dividend
105. Procedure for Payment of Final Dividend
106. Procedure to Give Loan to Managing Director or Whole-Time Director or Any Person in whom Director is Interested
107. Corporate Social Responsibility (CSR)
108. Procedure for Loan, Investment, Guarantee or Investment in the Securities of any Body Corporate, etc. if the limit is upto 60% of the Paid-up Share Capital, Free Reserves and Securities Premium Amount or 100% of the Free Reserves and Security Premium Amount, whichever is more
109. Procedure for Loan, Investment, Guarantee or Investment in the Securities of any Body Corporate etc. if the limit is exceeding 60% of the Paid-up Share Capital, Free Reserves and Securities Premium Amount or 100% of the Free Reserves and Security Premium Amount, whichever is more
110. Conducting Board Meeting and Procedure for Passing of Board Resolution by Physical Presence and by Audio-Visual Means and Minutes of Board Meeting
111. Procedure for Passing Board Resolution by Circulation
112. Procedure to Call Annual General Meeting/Extra-Ordinary General Meeting and Filing of Documents and Returns related to Annual General Meeting
113. Procedure for Passing of Resolution by Voting through Electronic Means
114. Procedure for Passing of Resolution(s) through Postal Ballot
115. Constitution of Corporate Social Responsibility Committee and workings of Corporate Social Responsibility Committee
116. Constitution of Audit Committee/Nomination and Remuneration Committee and Stakeholders Relationship Committee and their workings
117. Procedure for Keeping Books of Accounts at a place other than the Registered office of the Company
118. Registers/Documents/Returns/ Books of Accounts to be kept and maintained by every Company
119. Procedure for Condonation of Delay in filing of various Forms
120. Procedure for Contribution to Bona Fide Charitable Funds if the aggregate amount of contribution is upto 5% of its average profit for the three immediately Preceding Financial Years
121. Procedure for Contribution to Bona Fide Charitable Funds if the aggregate amount of Contribution is more than 5% of its average profit for the three immediately Preceding Financial Years
122. Procedure to Make Contribution to Political Parties
123. Procedure for Registration of Partnership Firm/Society/Trust, etc., as a Company Limited by Shares or Limited by Guarantee under the Act
124. Procedure for Striking off of Name of an Eligible Company
125. Concept of Fraud and Offences Punishable for Fraud under the Companies Act, 2013
126. Marking of E-Form as Defective by the Registrar of Companies on Request of a Company and Authorised Person
127. Procedure for Compounding of Offences by National Company Law Tribunal
128. Procedure for Compounding of Offences by Regional Director, Ministry of Corporate Affairs
129. Adjudication of Penalties
130. Furnishing of Information by Specified Companies about outstanding payment to Micro and Small Enterprise Suppliers

FOR MORE…..PLEASE REFER BOOK TITLED-“COMPANY LAW – PROCEDURES AND COMPLIANCES” 1st & 2nd EDITION, 2021
WRITTEN BY DR. SANJEEV GUPTA AND  PUBLISHED BY BAHRAT LAW HOUSE PRIVATE LIMITED.