SECTIONS, FORMS & RULES LIST

  • By Team Koncept
  • 31 March, 2024
SECTIONS, FORMS & RULES LIST

SECTIONS, FORMS & RULES LIST

Table of content:

  1. CHAPTER – 1 PRELIMINARY
  2. CHAPTER – 2 INCORPORATION OF COMPANY AND MATTERS INCIDENTAL THERETO
  3. CHAPTER – 3 PROSPECTUS AND ALLOTMENT OF SECURITIES
  4. CHAPTER – 4 SHARE CAPITAL AND DEBENTURES
  5. CHAPTER – 5 ACCEPTANCE OF DEPOSITS BY COMPANY

 


SECTIONS, FORMS & RULES LIST - CA INTER COMPANY LAW - Part 1

 

CHAPTER – 1 PRELIMINARY

SECTIONS

  • 1 – Short title, extent, commencement, application
  • Section 2 – Definitions

 


CHAPTER – 2 INCORPORATION OF COMPANY AND MATTERS INCIDENTAL THERETO

SECTIONS

  • Section 3 – Formation of company
  • Section 4 – Memorandum of Association (MOA)
  • Section 5 – Article of Association (AOA)
  • Section 6 – Act to override MOA, AOA, etc.,
  • Section 7 – Incorporation of company
  • Section 8 – Formation of companies with charitable or social objectives
  • Section 9 – Effect of registration
  • Section 10 – A commencement of business etc.,
  • Section 11 – Omitted
  • Section 12 – Registered office of company
  • Section 13 – Alteration of memorandum
  • Section 14 – Alteration of articles
  • Section 15 – Alteration of memorandum and/or articles to be noted in every copy
  • Section 16 – Rectification of name of company
  • Section 17 – Copies of memorandum, articles etc., to be given to members
  • Section 18 – Conversion of companies already registered
  • Section 19 – Subsidiary company not to hold shares in its Holding company
  • Section 20 – Service of documents
  • Section 21 – Authentication of documents, proceedings and contracts
  • Section 22 – Execution of Bills of exchange etc., will be deemed to be done by company if it’s done by any person acting under its authority

 

FORMS

  • INC 1 – Name reservation
  • INC 2 – Nominee
  • INC 3 – Written consent of nominee
  • INC 4 – Change in nominee
  • INC 5 – Threshold
  • INC 6 – Conversion of OPC
  • INC 7 – Incorporation of company
  • INC 8 – Declaration by CA/CS/CMA
  • INC 9 – Affidavit
  • INC 10 – Declaration by directors
  • INC 11 – Certification of incorporation
  • INC 12 – Registration of OPC
  • INC 13 – Memorandum of Association & Article of Association
  • INC 14 – Declaration by CA/CS/CMA
  • INC 15 – Declaration by director/subscribers for section 8 company
  • INC 16 & 17 – License by CG through ROC for section 8 company
  • INC 18 – Conversion
  • INC 19 – Notice of conversion
  • INC 20 – Revocation of license
  • INC 20A – Commencement of business
  • INC 22 – Setting up of registered office
  • INC 23 – Change in registered office
  • INC 24 – Change in name of company voluntarily
  • INC 25 – Incorporation certificate with new name
  • INC 26 – Advertisement for change in registered office
  • INC 27 – Conversion of company
  • INC 28 – Notice of court
  • INC 29 – Fast track company registration for OPC
  • INC 30 – Memorandum of Association (MOA)
  • INC 31 – Articles of Association (AOA)
  • INC 32 – Incorporation of company (SPICe)
  • INC 33 – E-MOA
  • INC 34 – E-AOA

 

RULES

  • RULE 3 – One Person Company (OPC)
  • RULE 4(6) – Nomination by the subscriber or member of one person company
  • RULE 28 – Shifting of registered office within same state
  • RULE 30 – Shifting of registered office from one state to another state or union territory to another state

 

 


CHAPTER – 3 PROSPECTUS AND ALLOTMENT OF SECURITIES

SECTIONS

  •  
  • Section 23 – Public offer and private placement
  • Section 24 – Omitted
  • Section 25 – Documents containing offer of securities for sale to be deemed prospectus
  • Section 26 – Matters to be stated in prospectus
  • Section 27 – Variation in terms of contract or object in prospectus
  • Section 28 – Offer of sale of shares by certain members of company
  • Section 29 – Public offer of securities to be in Dematerialised Form
  • Section 30 – Omitted
  • Section 31 – Shelf Prospectus
  • Section 32 – Red Herring Prospectus
  • Section 33 – Issue of application forms for securities
  • Section 34 – Criminal liability for misstatements in prospectus
  • Section 35 – Civil liability for misstatements in prospectus
  • Section 36 – Punishments for fraudulently inducing persons to invest money
  • Section 37 – Actions by affected persons
  • Section 38 – Omitted
  • Section 39 – Allotment of securities by company
  • Section 40 – Securities to be dealt with in stock exchange
  • Section 41 – Omitted
  • Section 42 – Offer or invitation for subscription of securities on private placement
  • Section 447 – Punishment for fraud

FORMS

  • PAS 1 – Advertisement giving details of prospectus of altering the object
  • PAS 2 – Information memorandum
  • PAS 3 – Return of allotment
  • PAS 4 – Private placement offer letter
  • PAS 5 – Record of private placement offer to be kept by company

 

RULES

  • RULE 9 – Dematerialization of securities

 


CHAPTER – 4 SHARE CAPITAL AND DEBENTURES

SECTIONS

  •  
  • Section 43 – Kinds of share capital
  • Section 44 – Nature of shares or debentures
  • Section 45 – Nature and numbering
  • Section 46 – Certificate of shares (Form SH1)
  • Section 47 – Voting rights
  • Section 48 – Variation of shareholders rights
  • Section 49 – Calls on shares of same class to be made on uniform basis
  • Section 50 – Company to accept unpaid share capital, although not called up
  • Section 51 – Payments of dividend in proportion to amount paid up
  • Section 52 – Application of premiums received on issue of shares
  • Section 53 – Prohibition on issue of shares at discount
  • Section 54 – Issue of sweat equity shares
  • Section 55 – Issue and redemption of preference shares
  • Section 56 – Transfer and transmission of securities
  • Section 57 – Punishment for personation of shareholder
  • Section 58 – Refusal of registration and appeal against refusal
  • Section 59 – Rectification of register of members
  • Section 60 – Omitted
  • Section 61 – Alteration of share capital for limited company
  • Section 62 – Further issue of share capital
  • Section 63 – Issue of bonus shares
  • Section 64 – Notice to be given to registrar for alteration of share capital
  • Section 65 – Omitted
  • Section 66 – Reduction of share capital
  • Section 67 – Restriction on purchase by company or giving of loans by it for purchase of its share
  • Section 68 – Power of company to purchase its own securities (Buy Back)
  • Section 69 – Transfer of certain sums to capital redemption reserve account
  • Section 70 – Prohibition for buy back in certain circumstances
  • Section 71 – Debentures
  • Section 72 – Power to nominate

 

FORMS

  • SH 1 – Certificate of shares in physical form
  • SH 2 – Duplicate share certificate
  • SH 3 – Issue of sweat equity shares
  • SH 4 – Instrument of transfer
  • SH 5 – Notice by the company to transferer and transferee for partly paid-up shares
  • SH 6 – Register of ESOP/ESOS
  • SH 7 – Notice to registrar for alteration of share capital
  • SH 8 – Letter of offer to be filed with ROC in relation to buy back of shares and other securities
  • SH 11 – Return on completion of buy back of shares and other securities
  • SH 12 – Debenture trust deed
  • SH 13 – Nomination by security holders
  • SH 14 – Notice to the company of cancellation or variation of nomination
  • SH 15 – Certificate of compliance in respect of buy back of securities by two directors

 

RULES

  • RULE 4 – Equity shares with differential rights
  • RULE 8 – Issue of sweat equity shares
  • RULE 12 – Issue of employee stock options

 

CHAPTER – 5 ACCEPTANCE OF DEPOSITS BY COMPANY

SECTIONS

  • Section 73 – Prohibition on acceptance of deposits from public/members
  • Section 74 – Repayment of deposits, etc., accepted before commencement of this Act
  • Section 75 – Omitted
  • Section 76 – Acceptance of deposits from public by certain companies
  • Section 76A – Punishment for contravention of sec.73 & 76

 

FORMS

  • DPT 1 – Form and particulars of advertisement or circular
  • DPT 2 – Appointment of trustee for depositors (Deposit trust deed)
  • DPT 3 – Return of deposit to be filed with ROC
  • DPT 4 – Statement regarding existing deposits as on the date of commencement of Companies Act

 

RULES

  • RULE 3(1) – Tenure for which deposits can be accepted
  • RULE 3(2) – Deposits in joint ventures
  • RULE 3(7) – No right to alter
  • RULE 3(8) – Copy of credit rating to be sent to ROC
  • RULE 4 – Issuance of circular in form of advertisement
  • RULE 7 – Appointment of trustee for depositors
  • RULE 10 – Filing of application form for deposits
  • RULE 11 – Nomination
  • RULE 12 – Deposits receipt
  • RULE 14 – Register of deposits
  • RULE 15 – Premature repayment of deposits
  • RULE 16 – Filing of return of deposits with ROC
  • RULE 16A – Disclosure in financial statements
  • RULE 17 – Penal rate of interest
  • RULE 21 – Punishment for contraventio

 

Ruchika Saboo An All India Ranker (AIR 7 - CA Finals, AIR 43 - CA Inter), she is one of those teachers who just loved studying as a student. Aims to bring the same drive in her students.

Ruchika Ma'am has been a meritorious student throughout her student life. She is one of those who did not study from exam point of view or out of fear but because of the fact that she JUST LOVED STUDYING. When she says - love what you study, it has a deeper meaning.

She believes - "When you study, you get wise, you obtain knowledge. A knowledge that helps you in real life, in solving problems, finding opportunities. Implement what you study". She has a huge affinity for the Law Subject in particular and always encourages student to - "STUDY FROM THE BARE ACT, MAKE YOUR OWN INTERPRETATIONS". A rare practice that you will find in her video lectures as well.

She specializes in theory subjects - Law and Auditing.

Start Classes Now
Yashvardhan Saboo A Story teller, passionate for simplifying complexities, techie. Perfectionist by heart, he is the founder of - Konceptca.

Yash Sir (As students call him fondly) is not a teacher per se. He is a story teller who specializes in simplifying things, connecting the dots and building a story behind everything he teaches. A firm believer of Real Teaching, according to him - "Real Teaching is not teaching standard methods but giving the power to students to develop his own methods".

He cleared his CA Finals in May 2011 and has been into teaching since. He started teaching CA, CS, 11th, 12th, B.Com, M.Com students in an offline mode until 2016 when Konceptca was launched. One of the pioneers in Online Education, he believes in providing a learning experience which is NEAT, SMOOTH and AFFORDABLE.

He specializes in practical subjects – Accounting, Costing, Taxation, Financial Management. With over 12 years of teaching experience (Online as well as Offline), he SURELY KNOWS IT ALL.

Start Classes Now

"Koncept perfectly justifies what it sounds, i.e, your concepts are meant to be cleared if you are a Konceptian. My experience with Koncept was amazing. The most striking experience that I went through was the the way Yash sir and Ruchika ma'am taught us in the lectures, making it very interesting and lucid. Another great feature of Koncept is that you get mentor calls which I think drives you to stay motivated and be disciplined. And of course it goes without saying that Yash sir has always been like a friend to me, giving me genuine guidance whenever I was in need. So once again I want to thank Koncept Education for all their efforts."

- Raghav Mandana

"Hello everyone, I am Kaushik Prajapati. I recently passed my CA Foundation Dec 23 exam in first attempt, That's possible only of proper guidance given by Yash sir and Ruchika ma'am. Koncept App provide me a video lectures, Notes and best thing about it is question bank. It contains PYP, RTP, MTP with soloution that help me easily score better marks in my exam. I really appericiate to Koncept team and I thankful to Koncept team."

- Kaushik Prajapati

"Hi. My name is Arka Das. I have cleared my CMA Foundation Exam. I cleared my 12th Board Exam from Bengali Medium and I had a very big language problem. Koncept Education has helped me a lot to overcome my language barrier. Their live sessions are really helpful. They have cleared my basic concepts. I think its a phenomenal app."

- Arka Das

"I cleared my foundation examination in very first attempt with good marks in practical subject as well as theoretical subject this can be possible only because of koncept Education and the guidance that Yash sir has provide me, Thank you."

- Durgesh