The below list is not exhausted list
and every Company needs to check the applicability of other provisions of the
Companies Act, 2013 to the extent applicable to them also.
S.
No.
|
Section
|
Subject
Matter
|
Remarks
|
1.
|
168
|
Vacation
of Office
|
Check Whether every Director attended
in physical at least one Board Meeting with in period of 12 Month.
If any director fails to attend A Board
Meeting within period of 12 Month then he will be considered as vacant.
|
Check
Whether the director himself has attended at least one Board Meeting on his
own, even though Alternate Director is appointed in his place.
|
|||
2.
|
173
|
No.
of Meetings
|
Check Whether every Non- Small
Company held 4 Board Meeting every year.
No need to hold Board Meeting in
every Quarter.
|
3.
|
173
|
Gap
Between Two BM
|
Check
Whether the gap Between Two Board meeting should not be more than 120 days.
|
4.
|
74
|
Repayment
of Deposit
|
Check Whether Company have filed
DPT-4 and refunded amount of Deposits.
If Company have accepted deposit
before commencement of this act then required to be repay within one year
from such commencement or from the date on which such payments are due.
|
5.
|
12(3)(c)
|
CIN
No.
|
Check
Whether Company has mentioned CIN no. along with Telephone No. on all
Letters, billheads, and letter papers and in all notices and other
publications.
|
6.
|
Rule-
7 Chapter XXIV
|
DIN
& Address of Director
|
Every
document shall contain name, designation, address and Director Identification
Number of person signing such document.
|
7.
|
2(16)
|
Creation
of Charge on Vehicle Loan
|
Check
Whether, if Company has taken Loan on vehicle then charge has been created on
same by filing of e-form- CHG-1.
Creation
of Charge on Vehicle Loan is required under Companies Act, 2013.
|
8.
|
179(3)
|
Loan
from Director
|
Check
Whether company has taken loan from director any time after 01.04.2014.
If
yes then check Board Resolution or Special Resolution filed of not. Check
form MGT-14 has been filed within 30 days of allotment or not.
|
9.
|
92
|
Record
of Minutes
|
Check
Whether proper record of Meetings maintained or not.
Because
Dates of Board Meetings and other information relating to Meeting required to
mention into Annual Return.
|
10.
|
185
|
Loan
to Director
|
Loan
to Director and any person interested in Director is not allowed under
companies Act 2013.
|
11.
|
186
|
Loan
to Person or Company
|
Check
Whether interest charge on loans given at the minimum prescribed rate as
given u/s 186(7)
(Except
loan given to Staff)
|
12.
|
188
|
Related
Party Transaction
|
Check
Whether all the Related Party transaction made in the Ordinary course of
business are made on ‘Arm Length Price’ and transactions not in the ordinary
course of Business has been approved by the Board.
Further
proper documents (e.g. quotation) are maintained to support that transactions
are made at Arm Length Price.
|
13.
|
139
|
Appointment
of Auditor
|
Check
whether auditor has been appointed for 5 years or not.
As
per 2013 act auditor should be appoint for 5 year otherwise consequences will
be on Company.
|
14.
|
12
* 13
|
Adoption
of AOA & MOA
|
Check
whether AOA & MOA has been adopted as per Companies Act, 2013.
It
is advisable to adopt AOA & MOA as per Companies Act, 2013 before 31st
March, 2015.
|
15.
|
203
|
Company
Secretary
|
Check
Whether there was Company Secretary in Company before June, 2014. Then
designate such Company Secretary as Key Managerial Personnel and file
respective forms for the same.
|
16.
|
Statutory
Register
|
Check
Whether Statutory register has been update as per Companies Act, 2013.
|
|
17.
|
128
|
Address
at which Books of Account are to be maintained
|
Check
Whether if Books of Accounts are not maintained as Registered office then
e-form AOC-5 should be filed within 7 days of decision taken by Board of
Director.
|
18.
|
12
|
Adopt
object mention in other Objects
|
Check
whether Main objects is amended to cover other objects,
If
any carried on by the Company.
|
19.
|
184
|
Director
Designated for MPB-1 Safe Custody
|
Check
Whether Company have designated any director of to keep safe custody of MBP-1
|
20.
|
101
|
Notice
of General Meeting
|
Notice
of Every General Meeting is required to give Auditors and Directors of
Company.
|
21.
|
146
|
Exemption
to Auditor from attendance of General Meeting
|
Check Whether auditor has attended
the General Meeting.
If not then exemption to the auditor
is required to give in General Meeting by passing of Ordinary Resolution.
|
22.
|
160
|
Cheque
of Rs. 100,000/-
|
Check
Where any director appointed or Designation is Changed in General Meeting. If
yes then Company should received cheque of Rs. 100,000 from the person or
Member of Company.
|
23.
|
Change
in Status of Small Company to Non Small Co.
|
Check Whether Status of your company
changed from Small Company to Non- Small company in the light of MCA- circular
dated _________
Relief available to a Small Company
is discontinued.
|
|
24.
|
179(3)
|
Board
Resolution Passed
|
Check
Whether Board Resolutions passed for all the matters covered u/s 179(3).
|
25.
|
180,186
|
Special
Resolution
|
Check
Whether Approval of Shareholders for exceeding the limits of Borrowing,
Investments, Loan Granted and form MGT-14 filed before 300 days.
|
26.
|
Financial
year
|
Check
Whether Financial year is from April to March.
|
|
27.
|
92
|
Signing
of Annual Return by PCS
|
Ensuring
filling of relevant e-forms with ROC and Compliances of provisions of
Companies Act 2013 as Annual return needs to be signed and certified by
Practicing Company Secretary.
|
28.
|
Rule-7
Chapter XXIV
|
Membership
No. and Address of Professional
|
Every
document which required to be sign by Professional shall contain name,
designation, address and Membership No of person signing such document.
|
29.
|
184
|
MBP-1
& MGT-14 in Every Board Meeting
|
If director of a company deals in
shares and there is frequent change in Shareholding of Companies then there
will be change in disclosure of interest of director in every Meeting.
Director will give MBP-1 before every meeting.
|
30.
|
101
|
General
Meeting – Checks
|
General
Meeting should be held:
→Time:
AGM shall be called during ‘Business Hour’.
→Day:
AGM should not be held on ‘National Holiday’.
→
Place: AGM shall be held at either
-
Registered office of company or At some other place within the city, town or
village in which registered office of the Company is situates
|
Thanks &
Regards
CS Nikhil Kalra
csnikhilkalra@gmail.com
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