Tuesday, January 8, 2008

Explain the provisions of the Companies Act

It shall be the duty of every director, other officer, or employee of the company to produce to the person making inspection all such books of account and other books and papers of the company in his custody or control and to furnish him with any statement, information or explanation relating to the affairs of the company as the (‘aid person may require of him within such time and at such place as he may specify.
Further, it shall also be his duty to give all assistance in connection with inspection
which the company may reasonably be expected to give.
Sub-sec. (6) of Section 209 A requires the person making the inspection to submit
a report to the Central Government.
If default is made in complying with the provisions of this Section, every officer of the company who is in default shall be punishable with fine which shall not be less than Rs. 50,000’ and also with imprisonment for a term not exceeding one year.
4.Explain the provisions of the Companies Act, 1956 and the Companies (Central
Government’s) General Rules and Forms, 1956 regarding filing of documents and returns by a foreign company.State the documents and returns that are required to be filed with the Registrar of Companies under the Companies Act, 1956 by foreign companies initially when they establish a place of business in India and later on periodically or on the happening of
certain events.
Filing of Documents and Returns by Foreign Companies
1. Section 592 of the Companies Act requires that every foreign company having a place of business in India must deliver to the Registrar for registration, within 30 days
of the establishment of the place of business, the documents and particulars specified in clauses (a) to (e) of sub-section (1).
The documents specified under clauses (a) to (e) are:
(i) a certified copy of the charter, statute, or Memorandum and Articles of a
foreign company or other instrument constituting or defining the constitution
of a foreign company;
(ii) the full address of registered or principal office of the company;
(iii)a list of the directors and secretary of the company, containing the prescribed
particulars;
(iv)the name or address or any of the persons authorised to accept service of
process and any notices or documents on behalf of the foreign company; and,
(v) the principal place of business of the company in India.
The information should be filed in Form No. 44 of Central Government’s General
Rules and Forms, 1956.
2. Any alteration in the documents required to be registered u/s 592 (1) must be I notified to the Registrar in the form, of a return containing the prescribed particulars of the alteration within the prescribed time [Sec. 593].
3.Under Section 594, a foreign company must prepare a balance sheet and profit and loss account for every calendar year and deliver three copies of the same (along with its English translation) to the Registrar. It should also send three copies of a list in the prescribed form of all places of business established in India as on the date of the relevant balance sheet.
Under Rule 18 of the Central Government’s General Rules and Forms, 1956, the documents referred to in Sec. 594 are to be delivered to the Registrar within a period of 9 months from the date of close of the financial year of e foreign company. However, the Registrar may, for any special reason and on the application of foreign company, extend the period but not exceeding 3 months.
4.If a foreign company ceases to have a place of business in India, it must forthwith
give notice of the fact to the Registrar [Sec. 597].
The notice should be given in Form No. 52 of the Central Government’s General
Rules and Forms, 1956.
5.Under Section 597 (1) and (2), any document which a foreign company is required to deliver to the Registrar under this Act, must be delivered to the Registrar having jurisdiction over New Delhi, as well as to the Registrar of the State where the principal place of business of the company is situated.
6.The provisions of Sections 124 to 145 of the Companies Act relating to registration of charges also apply mutatis mutandis to foreign companies. Consequently, the returns of charges required to be filed under these Sections, are also to be filed with the Registrar by the foreign companies in Form Nos. 55 to 66 of the Central Government’s General Rules and Forms, 1956 within 30 days of creation, modification and satisfaction of charges or of the acquisition of properties and issue of debentures by the foreign companies.
5.What are the books of account t be maintained uner the mpaies Act,
1956 by a foreign company having established a place of business within India? Who
can inspect the books of account of such companies?

No comments: