Friday, August 01, 2008

JAB WE MET CA HURDLE


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

--
CA. VIKAS     KAPAHI
     TREASURER
   JAB WE MET CA
REDEFINING PROFESSIONALISM

SWAMI VIVEKANAND'S GOLDEN QUOTES

 
 
 
 
 
 
 
 


He Gave Me Difficult Situations to Face



When I Asked God for Brain & Brown


He Gave Me Puzzles in life to Solve



When I Asked God for Happiness


He Showed Me Some Unhappy People



When I Asked God for Wealth


He Showed Me How to Work Hard



When I Asked God for Favors


He Showed Me opportunities to Work Hard



When I Asked God for Peace


He Showed Me How to Help Others



God Gave Me Nothing I Wanted


He Gave Me Everything I Needed


- Swami Vivekananda



--
CA. VIKAS     KAPAHI
     TREASURER
   JAB WE MET CA
REDEFINING PROFESSIONALISM

SECTIONS OF COMPANIES ACT




SECTIONS OF COMPANIES ACT CONTINUED FROM 30TH JULY 2008




Part III

Prospectus and Allotment, and other matters relating to issue of shares or debentures.

55

Dating of prospectus.

55A

Powers of Securities and Exchange Board of India

56

Matters to be stated and reports to be set out in prospectus.

57

Expert to be unconnected with formation or management of company.

58

Expert's consent to issue of prospectus containing statement by him.

58A

Deposits not to be invited without issuing an advertisement.

58AA

Small depositors

58AAA

Default in acceptance or refund of deposits to be cognizable

58B

Provisions relating to prospectus to apply to advertisement.

59

Penalty and interpretation.

60

Registration of prospectus.

60A

Filing of Shelf prospectus.

60B

Information memorandum

61

Terms of contract mentioned in prospectus or statement in lieu of prospectus, not to be varied.

62

Civil liability for misstatements in prospectus.

63

Criminal liability for misstatements in prospectus.

64

Document containing offer of shares or debentures for sale to be deemed prospectus.

65

Interpretation of provisions relating to prospectuses.

66

Newspaper advertisement of prospectus.

67

Construction of references to offering shares or debentures to the public, etc.

68

Penalty for fraudulently inducing persons to invest money.

68A

Personation for acquisition, etc., of shares.

69

Prohibition of allotment unless minimum subscription received.

70

Prohibition of allotment in certain cases unless statement in lieu of prospectus delivered to Registrar.

71

Effect of irregular allotment.

72

Application for, and allotment of, shares and debentures.

73

Allotment of shares and debentures to be dealt in on stock exchange.

74

Manner of reckoning fifth, eighth and tenth days in sections 72 and 73.

75

Return as to allotments.

76

Power to pay certain commissions and prohibition of payment of all other commissions, discounts, etc.

77

Restrictions on purchase by company, or loans by company for purchase, of its own or its holding company's shares.

77A

Power of company to purchase its own securities

77AA

Transfer of certain sums to capital redemption reserve account

77B

Prohibition for buy-back in certain circumstances.

78

Application of premiums received on issue of shares.

79

Power to issue shares at a discount.

79A

Issue of sweat equity shares

80

Power to issue redeemable preference shares.

80A

Redemption of irredeemable preference share, etc.

81

Further issue of capital.

Part IV

Share Capital and Debentures

82

Nature of shares.

83

Numbering of shares [Omitted w.e.f. 20-9-1995]

84

Certificate of shares.

85

Two kinds of share capital.

86

New issues of share capital to be only of two kinds.

87

Voting rights.

88

Prohibition of issue of shares with disproportionate rights.

89

Termination of disproportionately excessive voting rights in existing companies.

90

Savings.

91

Calls on shares of same class to be made on uniform basis.

92

Power of company to accept unpaid share capital, although not called up.

93

Payment of dividend in proportion to amount paid-up.

94

Power of limited company to alter its share capital.

94A

Share capital to stand increased where an order is made under section 81(4).

95

Notice to Registrar of consolidation of share capital, conversion of shares into stock, etc.

96

Effect of conversion of shares into stock.

97

Notice of increase of share capital or of members.

98

Power of unlimited company to provide for reserve share capital on re-registration.

99

Reserve liability of limited company.

100

Special resolution for reduction of share capital.

101

Application to Court for confirming order, objections by creditors and settlement of list of objecting creditors.

102

Order confirming reduction and powers of Court on making such order.

103

Registration of order and minute of reduction.

104

Liability of members in respect of reduced shares.

105

Penalty for concealing name of creditor, etc.

106

Alteration of rights of holders of special classes of shares.

107

Rights of dissentient shareholders.

108

Transfer not to be registered except on production of instrument of transfer.

108A

Restriction on acquisition of certain shares.

108B

Restriction on transfer of shares.

108C

Restriction on the transfer of shares of foreign companies.

108D

Power of Central Government to direct companies not to give effect to the transfer.

108E

Time within which refusal to be communicated.

108F

Nothing in sections 108A to 108D to apply to Government companies, etc.

108G

Applicability of the provisions of sections 108A to 108F.

108H

Construction of certain expressions used in sections 108A to 108G.

108I

Penalty for acquisition or transfer of share in contravention of sections 108A to 108D.

109

Transfer by legal representative.

109A

Nomination of shares

109B

Transmission of shares

110

Application for transfer.

111

Power to refuse registration and appeal against refusal.

111A

Rectification of register on transfer.

112

Certification of transfers.

113

Limitation of time for issue of certificates.

114

Issue and effect of share warrants to bearer.

115

Share warrants and entries in register of members.

116

Penalty for personation of shareholder.

117

Debentures with voting rights not to be issued hereafter.

117A

Debenture trust deed

117B

Appointment of debenture trustees and duties of debenture trustees

117C

Liability of company to create security and debenture redemption reserve

118

Right to obtain copies of and inspect trust deed.

119

Liability of trustees for debenture-holders.

120

Perpetual debentures.

121

Power to re-issue redeemed debentures in certain cases.

122

Specific performance of contract to subscribe for debentures.

123

Payments of certain debts out of assets subjects to floating charge in priority to claims under the charge.


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 o 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 Company Law Board 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 of charges requiring registration under it but not under previous law.



REMAINING TO BE CONTINUED TOMORROW


THANKS
--
CA. VIKAS KAPAHI
TREASURER
JAB WE MET CA
REDEFINING PROFESSIONALISM