| SECTIONS |
SECTION
124-251 : COMPANIES ACT, 1956 |
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PART V : REGISTRATION OF CHARGES |
| 124. |
"Charge" to include mortgage in this Part |
| 125. |
Certain charges to be void against liquidator or creditors unless
registered |
| 126. |
Date of notice of charge |
| 127. |
Registration of charges on properties acquired subject to charge |
| 128. |
Particulars in case of series of debentures entitling holders pari passu |
| 129. |
Particulars in case of commission, etc., on debentures |
| 130. |
Register of charges to be kept by Registrar |
| 131. |
Index to register of charges |
| 132. |
Certificate of registration |
| 133. |
Endorsement of certificate of registration on debenture or
certificate of debenture stock |
| 134. |
Duty of company as regards registration and right of interested party |
| 135. |
Provisions of Part to apply to modification of charges |
| 136. |
Copy of instrument creating charge to be kept by company at
registered office |
| 137. |
Entry in register of charges of appointment of receiver or manager |
| 138. |
Company to report satisfaction and procedure thereafter |
| 139. |
Power of Registrar to make entries of satisfaction and release in
absence of intimation from company |
| 140. |
Copy of memorandum of satisfaction to be furnished to company |
| 141. |
Rectification by Central Government of register of charges |
| 142. |
Penalties |
| 143. |
Company's register of charges |
| 144. |
Right to inspect copies of instruments creating charges and
company's register of charges |
| 145. |
Application of Part to charges requiring registration under it but
not under previous law |
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PART VI : MANAGEMENT AND ADMINISTRATION |
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CHAPTER 1 : GENERAL PROVISIONS |
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Registered office and name |
| 146. |
Registered office of company |
| 147. |
Publication of name by company |
| 148. |
Publication of authorised as well as subscribed and paid-up capital |
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Restrictions on commencement of business |
| 149. |
Restrictions on commencement of business |
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Registers of members and debenture-holders |
| 150. |
Register of members |
| 151. |
Index of members |
| 152. |
Register and index of debenture-holders |
| 152-A. |
Register and index of beneficial owners to be of debenture-holders |
| 153. |
Trusts not to be entered on register |
| 153-A. |
Appointment of public trustee |
| 153-B. |
Declaration as to shares and debentures held in trust |
| 154. |
Power to close register of members or debenture-holders |
| 155. |
[Repealed] |
| 156. |
[Repealed] |
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Foreign registers of members or debenture-holders |
| 157. |
Power for company to keep foreign register of members
or debenture-holders |
| 158. |
Provisions as to foreign registers |
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Annual returns |
| 159. |
Annual return to be made by company having a share capital |
| 160. |
Annual return to be made by company not having a share capital |
| 161. |
Further provisions regarding annual return and certificate to
be annexed thereto |
| 162. |
Penalty and interpretation |
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General provisions regarding registers
and returns |
| 163. |
Place of keeping and inspection of, registers and returns |
| 164. |
Registers, etc., to be evidence |
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Meetings and proceedings |
| 165. |
Statutory meeting and statutory report of company |
| 166. |
Annual general meeting |
| 167. |
Power of Central Government to call annual general meeting |
| 168. |
Penalty for default in complying with section 166 or 167 |
| 169. |
Calling of extraordinary general meeting on requisition |
| 170. |
Sections 171 to 186 to apply to meetings |
| 171. |
Length of notice for calling meeting |
| 172. |
Contents and manner of service of notice and persons on whom
it is to be served |
| 173. |
Explanatory statement to be annexed to notice |
| 174. |
Quorum for meeting |
| 175. |
Chairman of meeting |
| 176. |
Proxies |
| 177. |
Voting to be by show of hands in first instance |
| 178. |
Chairman's declaration of result of voting by show of hands
to be conclusive |
| 179. |
Demand for poll |
| 180. |
Time of taking poll |
| 181. |
Restriction on exercise of voting right of members who have not
paid calls, etc. |
| 182. |
Restrictions on exercise of voting right in other cases to be void |
| 183. |
Right of member to use his votes differently |
| 184. |
Scrutineers at poll |
| 185. |
Manner of taking poll and result thereof |
| 186. |
Power of Tribunal to order meeting to be called |
| 187. |
Representation of corporations at meetings of companies and of
creditors |
| 187-A. |
Representation of the President and Governors in meetings of
companies of which they are members |
| 187-B. |
Exercise of voting rights in respect of shares held in trust |
| 187-C. |
Declaration by persons not holding beneficial interest in any share |
| 187-D. |
Investigation of beneficial ownership of shares in certain cases |
| 188. |
Circulation of members' resolutions |
| 189. |
Ordinary and special resolutions |
| 190. |
Resolutions requiring special notice |
| 191. |
Resolutions passed at adjourned meetings |
| 192. |
Registration of certain resolutions and agreements |
| 192-A. |
Passing of resolutions by postal ballot |
| 193. |
Minutes of proceedings of general meetings and of Board
and other meetings |
| 194. |
Minutes to be evidence |
| 195. |
Presumptions to be drawn where minutes duly drawn and signed |
| 196. |
Inspection of minute books of general meetings |
| 197. |
Publication of reports of proceedings of general meetings |
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Prohibition of simultaneous appointment of different
categories of managerial personnel |
| 197-A. |
Company not to appoint or employ certain different
categories of managerial personnel at the same time |
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Management remuneration, etc. |
| 198. |
Overall maximum managerial remuneration and managerial
remuneration in case of absence or inadequacy of profits |
| 199. |
Calculation of commission, etc., in certain cases |
| 200. |
Prohibition of tax-free payments |
| 201. |
Avoidance of provisions relieving liability of officers and
auditors of company |
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Prevention of management by undesirable
persons |
| 202. |
Undischarged insolvent not to manage companies |
| 203. |
Power to restrain fraudulent persons from managing companies |
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Restriction on appointment of firms and bodies corporate
to offices |
| 204. |
Restriction on appointment of firm or body corporate to office or
place of profit under a company |
| 204-A. |
[Repealed] |
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Dividends and manner and time of payment thereof |
| 205. |
Dividend to be paid only out of profits |
| 205-A. |
Unpaid dividend to be transferred to special dividend account |
| 205-B. |
Payment of unpaid or unclaimed dividend |
| 205-C. |
Establishment of Investor Education and Protection Fund |
| 206. |
Dividend not to be paid except to registered shareholders or
to their order or to their bankers
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| 206-A. |
Right to dividend, rights shares and bonus shares to be held
in abeyance pending registration of transfer of shares |
| 207. |
Penalty for failure to distribute dividends within thirty days |
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Payments of interest out of capital |
| 208. |
Power of company to pay interest out of capital in certain cases |
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Accounts |
| 209. |
Books of account to be kept by company |
| 209-A. |
Inspection of books of accounts, etc. of companies |
| 210. |
Annual accounts and balance-sheet |
| 210-A. |
Constitution of National Advisory Committee on Accounting
Standards |
| 211. |
Form and contents of balance-sheet and profit and loss account |
| 212. |
Balance-sheet of holding company to include certain particulars
as to its subsidiaries |
| 213. |
Financial year of holding company and subsidiary |
| 214. |
Rights of holding company's representatives and members |
| 215. |
Authentication of balance-sheet and profit and loss account |
| 216. |
Profit and loss account to be annexed and auditors' report to be
attached to balance-sheet |
| 217. |
Board's report |
| 218. |
Penalty for improper issue, circulation or publication of
balance-sheet or profit and loss account |
| 219. |
Right of member to copies of balance-sheet and auditors' report |
| 220. |
Three copies of balance-sheet, etc., to be filed with Registrar |
| 221. |
Duty of officer to make disclosure of payments, etc. |
| 222. |
Construction of references to documents annexed to accounts |
| 223. |
Certain companies to publish statement in the Form in
Table F in Schedule I |
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Audit |
| 224. |
Appointment and remuneration of auditors |
| 224-A. |
Auditor not to be appointed except with the approval of the
company by special resolution in certain cases |
| 225. |
Provisions as to resolutions for appointing or removing auditors |
| 226. |
Qualifications and disqualifications of auditors |
| 227. |
Powers and duties of auditors |
| 228. |
Audit of accounts of branch office of company |
| 229. |
Signature of audit report, etc. |
| 230. |
Reading and inspection of auditor's report |
| 231. |
Right of auditor to attend general meeting |
| 232. |
Penalty for non-compliance with sections 225 to 231. |
| 233. |
Penalty for non-compliance by auditor with sections 227 and 229 |
| 233-A. |
Power of Central Government to direct special audit in certain cases |
| 233-B. |
Audit of cost accounts in certain cases |
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Power of registrar to call for information,
etc. |
| 234. |
Power of Registrar to call for information or explanation |
| 234-A. |
Seizure of documents by Registrar |
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Investigation |
| 235. |
Investigation
of affairs of a company |
| 236. |
Application by members to be supported by evidence and power
to call for security |
| 237. |
Investigation of company's affairs in other cases |
| 238. |
Firm, body corporate or association not to be appointed as inspector |
| 239. |
Power of inspectors to carry investigation into affairs of related
companies, or of managing agent or associate etc. |
| 240. |
Production of documents and evidence |
| 240-A. |
Seizure of documents by inspector |
| 241. |
Inspectors' report |
| 242. |
Prosecution |
| 243. |
Application for winding up of company or an order under
section 397 or 398 |
| 244. |
Proceedings for recovery of damages or property |
| 245. |
Expenses of investigation |
| 246. |
Inspectors' report to be evidence |
| 247. |
Investigation of ownership of company |
| 248. |
[Repealed] |
| 249. |
[Repealed] |
| 250. |
Imposition of restrictions upon shares and debentures and
prohibition of transfer of shares or debentures in certain cases |
| 250-A. |
Voluntary winding up of company, etc., not to stop
investigation proceedings |
| 251. |
Saving for legal advisers and bankers |
