Appointment of Key Managerial Personnel
Section 203 of the Companies Act, 2013, read with Rule 8 of the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014, mandates the appointment of Key Managerial Personnel (KMP) in specified classes of companies to ensure professional management, accountability, and effective corporate governance.
Certificate of Shares
Share certificates must be issued under the company’s common seal (if applicable) or executed with signatures of two directors, or one director and the company secretary where appointed. Such certificates constitute prima facie evidence of shareholding title.
Audit of Accounts of Foreign Company
Section 381 and Rule 5 of the Companies (Registration of Foreign Companies) Rules, 2014 establish the accounting and audit framework for foreign companies operating in India, ensuring financial transparency and regulatory compliance for their Indian business operations.
Display of Name, etc, of Foreign Company
Section 382 of the Companies Act mandates specific display and disclosure requirements for foreign companies operating in India to ensure transparency and public awareness regarding their foreign origin and liability status.
Minutes of General Meetings/Board/ other Meetings and Resolutions passed by Postal Ballot
Section 118 of the Companies Act, read with Rule 25 of the Companies (Management and Administration) Rules, 2014, establishes the comprehensive framework for preparation, maintenance, and preservation of minutes of proceedings for various corporate meetings. This provision serves as a critical corporate governance mechanism ensuring transparency, accountability, and proper documentation of corporate decision-making processes.
Notice to Registrar for Alteration of Share Capital
Section 64 of the Companies Act, read with Rule 15 of the Companies (Share Capital and Debentures) Rules, 2014, establishes the statutory framework for notifying the Registrar of Companies (RoC) about alterations in share capital. This provision ensures regulatory oversight and maintains accurate public records of changes in a company’s capital structure, which is fundamental to corporate transparency and stakeholder protection.
Unpaid Dividend Account
The Unpaid Dividend Account mechanism ensures unclaimed dividends are protected and eventually transferred to the Investor Education and Protection Fund (IEPF) for investor protection.
Compliances Applicable to Foreign Companies under the Companies Act, 2013
Section 384 extends various compliance obligations applicable to Indian companies to foreign companies operating in India, ensuring regulatory parity and transparency in their Indian operations.
Publication of Name by Company
Rule 26 of the Companies (Incorporation) Rules, 2014 mandates comprehensive disclosure requirements for companies operating websites, ensuring transparency and facilitating stakeholder communication through digital platforms.
Notice of Annual General Meeting (AGM)
Section 101 of the Companies Act, 2013 read with Rule 18 of the Companies (Management and Administration) Rules, 2014 governs the requirements relating to notice of general meetings, including Annual General Meetings (AGMs). The notice of an AGM is a statutory communication mechanism intended to ensure transparency, informed participation, and fair decision-making by members. It provides shareholders, directors, auditors, and other entitled persons adequate time and information to attend and participate in the meeting and exercise their voting rights.