Form PAS-3
Section 39 of the Companies Act, 2013 governs the allotment of securities by a company and prescribes conditions that must be fulfilled before making an allotment to the public. It ensures that securities are allotted only after receipt of the minimum subscription amount and the prescribed application money. To maintain transparency and provide regulatory oversight, companies are required to report every allotment of securities to the Registrar of Companies through a statutory return in Form PAS-3. Rule 12 of the Companies (Prospectus and allotment of securities) Rules, 2014 prescribes the procedure, timelines, and documentation requirements for filing this return.
Form MGT-14
Form MGT-14 is a mandatory e-form prescribed under Rule 24 of the Companies (Management and Administration) Rules, 2014, for filing copies of resolutions and agreements with the Registrar of Companies (ROC). This form operationalizes Section 117 of the Companies Act, 2013, which mandates disclosure of certain corporate decisions to ensure transparency and public access to material corporate actions.
FORM INC-6
Form INC-6 is prescribed under the Companies Act, 2013 and the Companies (Incorporation) Rules, 2014 for the conversion of a One Person Company (OPC) into a Private Limited Company or Public Limited Company, and vice versa (where permitted).
Form FC-1 and Form FC-2 – Registration and Alteration Returns for Foreign Companies
The compliance framework for foreign companies establishing business operations in India is governed by Section 380 of the Companies Act, 2013 (“the Act”), as operationalized through Rule 3 of the Companies (Registration of Foreign Companies) Rules, 2014 (“the Rules”). These provisions establish a dual-layered reporting mechanism: (a) initial registration upon establishment of place of business through Form FC-1, and (b) subsequent reporting of alterations through Form FC-2.
Form DPT-1
Form DPT-1, relating to the Circular for Invitation of Deposits, was introduced under the Companies Act, 2013 to regulate the manner in which companies invite or accept deposits from members or the public. The provision was framed to ensure transparency and to protect investors from potential financial risks and misrepresentation.
Financial Statements and Board’s Report, etc
Section 134 of the Companies Act, 2013 read with Rule 8 and Rule 8A of the Companies (Accounts) Rules, 2014 prescribes comprehensive requirements for preparation, approval, and content of financial statements and the Board’s report.
Filing of Form MGT-15
Section 121 of the Companies Act, 2013 mandates transparency and regulatory oversight in the conduct of Annual General Meetings (AGMs) of listed public companies. To ensure that AGMs are convened and conducted in accordance with the provisions of the Act, rules, and applicable secretarial standards, companies are required to prepare and submit a formal report of the AGM. Rule 31 prescribes the manner of preparation, contents, authentication, and filing process of this report through Form MGT-15.
Declaration & Payment of Dividend
Dividend, inclusive of interim dividend, is an equal distribution of profits of the company amongst its shareholders from the investments made by such shareholders in the share capital of the company. An interim dividend is declared by the Board of Directors during a financial year or at any time during the period from closure of the financial year till holding of Annual General Meeting, Approval of member is not required for the declaration of interim dividend. Final Dividend is recommended by the Board of Directors followed by approval of members at Annual General Meeting of the Company.
Prospectus of Foreign Companies
The provisions relating to the prospectus of foreign companies were introduced under the Companies Act, 2013 to regulate the manner in which foreign companies raise funds from investors in India. Since foreign entities may invite subscriptions or offer securities within India without being incorporated domestically, there was a need to ensure transparency, investor protection, and accountability similar to that required of Indian companies. Sections 387, 388, and 389 establish disclosure and registration requirements for prospectuses issued by foreign companies, mandating that key information about the company, its financial position, and the terms of the offer be properly documented and filed.
Prospectus under Companies Act, 2013
Section 26 of the Companies Act, 2013 prescribes mandatory requirements for contents, issuance, filing, and validity of prospectuses issued by public companies. A prospectus is a formal disclosure document inviting public subscription for securities and must comply with strict statutory and regulatory requirements.