Description
Bharat Law House Pvt Ltd Offences Under Company Law (Penalties & Punishments) by CA Kamal Garg
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