Monday, April 7, 2014

Memorandum of the company under Companies Act, 2013

As per Section 4 of Companies Act, 2013 the memorandum of the a company shall state the following clauses

a) Name of the company should carry last word "Limited" or "Private Limited" in case of public or private limited company respectively. However this clause does not applies to companies registered under  section 8.
b) Situation clause
c) Object clause, objects are need not to divide into main, ancillary
d) Liability clause and
e) Capital clause, incase of one person company , nominee name should mention and he will became member of the company in the event of death of the subscriber.

Formats for MOA is available in Table A, B, C, D, and E in SCHEDULE I as may be applicable to such company.

Wednesday, April 2, 2014

Maintaining Registers outside the registered office

As per section 94 & 95 of Companies Act, 2013

Registers specified u/s 88 and copies of the annual return maintained u/s 92 shall be kept at registered office of the company.

However, the aforesaid registers can be kept at anyother place in india otherthan registered office in which more than 1/10 th of total members reside and by passing SPECIAL RESOLUTION  by the company.

The registers and copies of all returns shall be open for inspection for Members,Security holders during business hours without paying any fee. If any other persons can inspect registers by paying prescribed fee.

According to Sec 95, registers and returns shall be treated as PRIMA FACIE evidence before court of laws for anything directed or authorised in that documents.