Matters to be prescribed under the companies act 2013
Under section 2(31) categories of amount which will not be in included in definition of deposit may be prescribed in consultation with RBI. Here we see about the matters prescribed under the act 2013.
Under section 2(68) higher paid up share capital may be prescribed for private limited company registration.
Under section 2 (71) higher paid up share capital may be prescribed for public limited company registration.
Incorporation of company and matters incidental thereto
Formation of company under section 3
In case of one person company (OPC) format for taking the written consent of the other person who shall in the event of the subscribers death become the member of the company.
Manner in which, such other person may withdraw his consent.
The procedure of notification in which member of one person company (OPC) may change the name of such other person.
Time and manner in which member of one person company (OPC) has to intimate change in the name of the other person to the company.
Section 4 : Memorandum
- Words or expressions with which the company’s name should not be registered without the previous approval of government.
- Form and manner of application with fees for the reservation of name
- Articles 5(2) articles
- Matters which shall be contained in articles
- Form and manner of notice to ROC, for inclusion of entrenchment provisions in articles of associations.
Section 7 :Incorporation of company
Manner in which the subscribers to memorandum & articles of associations is may be recommend.
Form of declaration in which professionals and others declare that all the needs in respect of registration have been complied with is to be specified.
Particulars of subscribers to memorandum and articles of association on with proof of identity to be filed with ROC as may be specified.
In case subscriber is a body corporate then details which is to be filed with ROC
The details containing proof of identity of the first directors to be filed with ROC may be specified.
Form and manner in which the details of the interests of first directors in other firms or bodies corporate on with their consent to act as directors of the company.
Form or certificate of registration is to be specified.
Section 8 : Formation of companies with charitable objects etc,
Manner in which the license is to be provided to a company formed for charitable objects may be specified.
Application for company registration with charitable objects is to be made in the specified form.
Provisions which must be organized with, if a company registered under this clause needs to convert into company of any other type may be specified.
Under this action, application to register a company which is registered under this act or any other previous company law for the objects, specified under this section.
Section 11: Commencement of business
Form and manner of verification of statements which is to be registered by a director under section 11 (1)) (a) regarding the payment of share value taken by the subscribers and the minimum requirement of paid capital of a company may be specified.
Section 12 : Registered office of company
Manner of verification of registered office may be specified.
Document other than the prescribed ones, on which the company registration name shall be printed may be specified.
Manner of verification of every change of the situation of the registration office may be specified.
Form of application for change in the registration office from the jurisdiction of one ROC to another within the same state is to be specified.
Section 13: Alteration of memorandum
Manner and form of application to government for change in registered office from one state to another may be specified.
Time and manner for registering a certified copy of the order of central government approving the changes of registration office from one state to another.
Parts of special resolution which has been passed for change in objects clause ( of a company which has unutilized amount of money raised through public) to be provided in newspapers.
Section 14 : Alteration of Articles
Method of filing, every changes of the articles and a copy of order of tribunal with a printed copy of the altered articles as may be specified.
Section 17 : Copies of articles, memorandum, etc, to be decided to members
Fees which shall be paid by a member for getting a copy of memorandum of association, articles of association and other documents may be specified.
Section 20: Service of documents
- Other mode of serving document on a company or an officer may be specified.
- Other mode for serving document to ROC may be specified.
- Prospectus and allotment of securities
Section 26: matters to be stated in
Other persons whose names and addresses shall be contained in description.
Time for issue of allotment letters and refunds to be mentioned.
Method in which statement by board and disclosure of details of all monies containing utilized and unutilized monies out of the last issue and is to be contained in description.
In case the company is incorporated for less than 5 years manner in which the reports relating to profit and loss of the company and its subsidiaries for years immediately preceding the issue, to be contained in the lists.
Confirmation of such other persons may be specified and it is to be involved in description.
The method in which the capital form of the company is to be contained in the list.
The way in which auditors reports is to be set out in list for the years from the date of registration. If the company is registered for less than 5 years.
Section 27: variation in terms of contract or objects in prospectus
Details of the notice, which is sent to shareholders for passing special resolution for variation of objects in lists.
Section 28: offer of sale of shares by certain members of a company
Method according to which members may provide offer part of their holding of shares to the public as may be specified.
Section 29: public officer of securities to be in dematerialized form
Class or classes of public limited companies which shall provide securities only in dematerialized form as may be specified.