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Description
The successful implementation of MCA21 has resulted in a virtual paperless back office operation that has significantly improved legal compliances. In this edition, other forms for which e-filing has not been required or activated like filing/submission of Form 24AA, 7C, etc. as well as filing of application and petition before the Company Law Board and High Court have also been covered. A new Part has been inserted to cover the requirement of filing of notices, reports and forms under various clauses of the Listing Agreement, Takeover Regulations and SEBI Insider Trading Regulations which are regularly required to be complied by a listed company. Thus, the present second edition of the book incorporates a complete treatment of the requirements for filling and filing of all the forms and returns under the Companies Act, 1956, listing agreement and SEBI Regulations.
The Book provides at one place the procedural formalities, checklists, guidance notes, circulars, clarifications, notifications and rules as well as specimens of the filled-up e-forms, other forms and relevant enclosures thereto for smooth day-to-day compliance of the legal provisions by the professionals and corporates, including initial concept and mechanism of e-filing of documents, Digital Identification Number and Digital Signature, etc. The book incorporates the procedure of filing of all the Forms under the following Rules:
• Companies (Central Government's) General Rules and Forms, 1956;
• Companies (Declaration of Dividend Out of Reserves) Rules, 1975;
• Investor Education and Protection Fund (Awareness and Protection of
Investors) Rules, 2001
• Cost Audit (Report) Rules, 2001
• Companies (Disqualification of Directors under section 274(1 )(g) of the
Companies Act, 1956) Rules, 2003;
• Companies (Appointment of Sole Agents) Rules, 1975
• Application of section 159 to Foreign Companies Rules, 1975
• Compliance of listing agreement as applicable to a listed company
• Compliance of SEBI Regulations and also the Investor Complaint Form.
The Book has several unparalleled features, making it user friendly. Both, the law and procedures, governing filing of Forms and Returns have been described in a logical manner. Specimen Forms, Annexures thereto, Resolutions and other relevant information have been presented topic wise. In the era of electronic filing of documents, nearly all corporates, professionals viz. chartered accountants, company secretaries, cost accountants require a complete book on filing of forms. This book will serve the purpose for guiding and facilitating the companies and professionals whenever they require assistance.
A complimentary CD is also being provided containing the complete text of the book. It also contains all the notified e-Forms to be filled and filed by the corporate sector. The filled-in Forms can be e-filed by uplinking to the website. A very helpful feature is that these e-Forms can be filled, saved, printed, retrieved and modified at any point of time. A new part has been incorporated for listed companies to include all the specimen forms, notices, disclosures, etc. as required under the listing agreement and SEBI Regulations from time to time.
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Contents
Part I. Concept and Mechanism of E-Filing of Documents under the Companies Act, 1956
Part II. Formation of a New Company
Part III. Change of Name or Conversion of Public Company into Private Company
Part IV. Share Capital
Part V. Registration, Modification and Satisfaction of Charge
Part VI. Situation of Registered Office
Part VII. Commencement of Business
Part VIII. Annual Return
Part IX. e-Form 21: Notice of the Court or the Company Law Board Order
Part X. Statutory Report
Part XI. e-Form 23: Filing of Resolutions and Agreements with the Registrar of Companies
Part XII. Appointment of Auditors and Cost Auditors
Part XIII. Books of Accounts
Part XIV. Application for Seeking Approval of the Central Government (Regional Director) for Rectification in the Name of the Company, Licence Under Section 25, Appointment and Removal of Auditors and Approval of Contracts
Part XV. Appointment of Directors and Managerial Personnel, Disqualification and Officer in Default
Part XVI. Acquisition of Shares of Shareholders Dissenting from Scheme or Contracts Approved by Majority
Part XVII. e-Form 36: Return for Receiver's or Manager's Abstract of Receipt and Payments
Part XVIII. Conversion of Partnership Firm into a Joint-Stock Company
Part XIX. Filing of Returns by Foreign Companies
Part XX. Filing of Applications with the Registrar for Seeking Approval on the Various Matters under the Companies Act, 1956
Part XXI. Form for Submission of Documents with the Registrar of Companies
Part XXII. Nidhi Companies
Part XXIII. Filing of Application with the Central Government
Part XXIV. e-Form 66: Filing of Compliance Certificate under the Companies (Compliance Certificate) Rules, 2001
Part XXV. Filing of e-Forms under the Allied Rules of the Companies Act, 1956
Part XXVI. Others Forms and Returns to be filed to the Company.
Part XXVII. Applications & Petitions under Company Law Board/National Company Law Tribunal
Part XXVIII. Applications & Petitions under Companies (Court) Rules, 1959
Part XXIX. Filing of Notices, Disclosures & Information to Company & Stock Exchanges under Listing Agreement & SEBI Regulations
Part XXX. Referencer
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Author Details
Dr. D.K. Jain, M.Com, PCS, ACIS (UK), Ph.D., is academically very well qualified and has been a very efficient, effective and experienced Practicing Company Secretary based at Indore engaged in the practising field of the Company Law, SEBI and Stock Exchange compliances. He is having more than 26 years of practical experience in corporate laws and has been in the profession of Company Secretary for over 14 years.
Dr. Jain is having international professional qualification of Chartered Secretary from the Institute of Chartered Secretaries & Administrators (UK) and he is a Fellow Member of the Institute of Company Secretaries of India. He is also a Member of the Indian Council of Arbitration, Associate Member of the All India Management Association and Advisory Council Member of Corporate Intelligence Educations Research.
Dr. Jain is the founder Chairman of the Institute of Corporate Directors of India and is also Vice Chairman of the Association of Corporates and Practising Company Secretaries.
Dr. Jain has so far authored 13 books for professionals on various topics of Company Law and Corporate Secretarial Practice. He is having keen interest in academics and is a regular contributor of articles on various corporate matters in newspapers and professional journals.
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