| SECTIONS | SECTION 124-251 : COMPANIES ACT, 1956 |
| | |
| | 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 |
| | |
| | PART VI : MANAGEMENT AND ADMINISTRATION |
| | CHAPTER 1 : GENERAL PROVISIONS |
| | 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 |
| | Restrictions on commencement of business |
| 149. | Restrictions on commencement of business |
| | 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 | [Repealed] |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] |
| | 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 |
| | 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 |
| | General provisions regarding registers and returns |
| 163. | Place of keeping and inspection of, registers and returns |
| 164. | Registers, etc., to be evidence |
| | 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 |
| | 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 |
| | 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 |
| | Prevention of management by undesirable persons |
| 202. | Undischarged insolvent not to manage companies |
| 203. | Power to restrain fraudulent persons from managing companies |
| | 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] |
| | 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 |
| 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 |
| | Payments of interest out of capital |
| 208. | Power of company to pay interest out of capital in certain cases |
| | 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 |
| | 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 |
| | 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 |
| | 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 |
