The Companies Act, 1956



(Act no. 1 of 1956)


 


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THE COMPANIES (AMENDMENT) ACT, 2006 | COMPANY LAW TIPS (With Case Laws) NEW

CONTENTS

1 | 2 | 3 | 4 | 5

Sections

Particulars

Chapter IV
Winding up subject to supervision of Court.
  
  
522
Power to order winding up  subject to supervision.
523
Effect of petition for winding up subject to supervision.
524
Power of Court to appoint or  remove liquidators.
525
Powers and obligations of liquidator appointed by Court.
526
Effect of supervision order.
527
Appointment in certain cases of voluntary liquidators to office of liquidators.
  
 
Chapter V
Provisions applicable to every mode of Winding up
  
 
528
Debts of all descriptions to be admitted to proof.
529
Application of insolvency rules in winding up of insolvent companies.
529A
Overriding preferential payments.
530
Preferential payments.
531
Fraudulent preference.
531A
Avoidance of voluntary transfer.
532
Transfers for benefit of all creditors to be void.
533
Liabilities and rights of certain fraudulently preferred persons.
534
Effect of floating charge.
535
Disclaimer of onerous property in case of a company which is being wound up.
536
Avoidance of transfers, etc., after commencement of winding up.
537
Avoidance of certain attachments, executions, etc., in winding up by or subject to supervision of Court.
538
Offences by officers of companies in liquidation.
539
Penalty for falsification of books.
540
Penalty for frauds by officers.
541
Liability where proper accounts not kept.
542
Liability for fraudulent conduct of business.
543
Power of Court to assess damages against delinquent directors, etc.
544
Liability under sections 542 and 543 to extend to partners or directors in firm or company.
545
Prosecution of delinquent officers and members of company.
546
Liquidator to exercise certain powers subject to sanction.
547
Notification that a company is in liquidation.
548
Books and papers of company to be evidence.
549
Inspection of books and papers by creditors and contributories.
550
Disposal of books and papers of company.
551
Information as to pending liquidations.
552
Official Liquidator to make payments in to the public account of India.
553
Voluntary Liquidator to make payments into Scheduled Bank.
554
Liquidator not to pay moneys into private banking account.
555
Unpaid dividends and undistributed assets to be paid into the Companies liquidation Account.
556
Enforcement of duty of liquidator to make returns, etc.
557
Meetings to ascertain wishes of creditors or contributories.
558
Court or person before whom affidavit may be sworn.
559
Power of Court to declare dissolution of company void.
560
Power of Registrar to strike defunct company off register.
  
 
Part VIII
Application of Act to companies formed or registered under previous Companies Laws.
  
 
561
Application of Act to companies formed and registered under previous companies laws.
562
Application of Act to companies registered but not formed under previous companies laws.
563
application of Acct to unlimited companies registered under previous companies laws.
564
Mode of transferring shares in the case of companies registered under Acts XIX of 1857 and VII of 1860.
  
 
Part IX
Companies Authorised to register under this Act.
  
 
565
Companies capable of being registered.
566
Definition of "Joint-stock company".
567
Requirements for registration of joint-stock companies.
568
Requirements for registration of companies not being joint stock companies.
569
Authentication of statements of existing companies.
570
Power of Registrar to require evidence as to nature of company.
571
Notice to customers on registration of banking company with limited liability.
572
Change of name for purposes of registration.
573
Addition of "Limited" or "Private Limited" to name.
574
Certificate of registration of existing companies.
575
Vesting of property on registration.
576
Saving for existing liabilities.
577
Continuation of pending legal proceedings.
578
Effect of registration under Part.
579
Power to substitute memorandum and articles for deed of settlement.
580
Power of Court to stay or restrain proceedings.
581
Suits stayed on winding up order.
581A
Definitions.
581B
Objects of Producer Company.
581C
Formation of Producer Company and its registration.
581D
Membership and voting rights of Members of Producer Company.
581E
Benefits to Members.
581F
Memorandum of Producer Company.
581G
Articles of association.
581H
Amendment of memorandum.
581I
Amendment of articles.
581J
Option to inter-State co-operative societies to become Producer Companies.
581K
Effect of incorporation of Producer Company.
581L
Vesting of undertaking in Producer Company.
581M
Concession, etc., to be deemed to have been granted to Producer Company.
581N
Provisions in respect of officers and other employees of inter-Stale co-operative society.
581O
Number of directors.
581P
Appointment of directors.
581Q
Vacation of office by directors.
581R
Powers and functions of Board.
581S
Matters to be transacted at general meeting.
581T
Liability of directors.
581U
Committee of directors.
581V
Meetings of Board and quorum.
581W
Meetings of Board and quorum.
581X
Secretary of Producer Company.
581Y
Quorum.
581Z
Voting rights.
581ZA
Annual general meetings.
581ZB
Share capital.
581ZC
Special user rights.
581ZD
Transferability of shares and attendant rights.
581ZE
Books of account.
581ZF
Internal audit.
581ZG
Duties of auditor under this Part.
581ZH
Donations or subscription by Producer Company.
581ZI
General and other reserves.
581ZJ
Issue of bonus shares.
581ZK
Loan, etc., to Members.
581ZL
Investment in other companies, formation of subsidiaries, etc.
581ZM
Penalty for contravention.
581ZN
Amalgamation, merger or division, etc., to form new Producer Companies .
581ZO
Disputes.
581ZP
Strike off name of Producer Company.
581ZQ
Provisions of this Part to override other laws.
581ZR
Application of provisions relating to private companies.
581ZS
Reconversion of Producer Company to inter-State co-operative society.
 581ZT 
Power to modify Act in its application to Producer Companies.
Part X
Winding up of Unregistered companies.
  
582
Meaning of "unregistered company".
583
Winding up of unregistered companies.
584
Power to wind up foreign companies, although dissolved.
585
Contributories in winding up of unregistered company.
586
Power to stay or restrain proceedings.
587
Suits, etc., stayed on winding up order.
588
Directions as to property in certain cases.
589
Provisions of Part cumulative.
590
Saving and construction of enactments conferring power to wind up partnership, association or company in certain cases.
  
Part XI
Companies incorporated outside India
  
  
591
Application of sections 592 to 602 to foreign companies.
592
Documents etc. ,to be delivered to Registrar by foreign companies carrying on business in India.
593
Return to be delivered to Registrar by foreign company where documents, etc., altered.
594
Accounts of foreign company.
595
Obligation to state name of foreign company, whether limited, and country where incorporated.
596
Service on foreign company.
597
Office where documents to be delivered.
598
Penalties.
599
Company's failure to comply with Part not to affect its liability under contracts, etc.
600
Registration of   charges, appointment of receiver and books of account.
601
Fees for registration of documents under Part.
602
Interpretation of foregoing sections of Part.
603
Dating of prospectus and particulars to be contained therein.
604
Provisions as to expert's consent and allotment.
605
Registration of prospectus.
605A
Offer of Indian Depository Receipts.
606
Penalty for contravention of sections 603, 604 and 605.
607
Civil liability for misstatements in prospectus.
608
Interpretation of provisions as to prospectuses.
  
  
Part XII
Registration offices and officers and fees
   
  
609
Registration Offices.
610
Inspection, production and evidence of documents kept by Registrar.
610A
Admissibility of micro films, facsimile copies of documents, computer printouts and documents on computer media as documents and as evidence.
611
Fees in Schedule X to be paid.
612
Fees, etc., paid to Registrar and other  officers to be accounted for to Central Government.
613
Power of Central Government to reduce fees, charges, etc.
614
Enforcement of duty of company to make returns,, etc., to Registrar.
614A
Power of Court trying offences under the Act to direct the filing of documents with Registrar.
   
   
Part XIII
General
    
   
615
Power of Central Government to direct companies to furnish information or statistics.
616
Application of Act to insurance, banking, electricity supply and other companies governed by special Acts.
617
Definition of "Government Company".
618
Government Companies not to have managing agents.
619
Application of sections 224 to 233 to Government Companies.
619A
Annual reports on Government Companies.
619B
Provisions of section 619 to apply to  certain companies.
620
Power to modify Act in relation to Government Companies.
620A
Power to modify Act in its application to Nidhis, etc.
620B
Special provisions as to companies in Goa, Daman and Diu.
620C
Special provisions as to companies in Jammu and Kashmir.
621
Offences against Act to be cognizable only on complaint by Registrar, shareholder or Government.
621A
Composition of certain offences.
622
Jurisdiction to try offences.
623
Certain offences triable summarily in Presidency towns.
624
Offences to be non-cognizable.
624A
Power to Central Government to appoint company prosecutors.
624B
Appeal against acquittal.
625
Payment of compensation in case of frivolous or vexatious prosecution.
626
Application of fines.
627
Production and inspection of books where offences suspected.
628
Penalty for false statements.
629
Penalty for false evidence.
629A
Penalty where no specific penalty is provided elsewhere in the Act.
630
Penalty for wrongful withholding of property.
631
Penalty for improper use of words "Limited" and "Private Limited".
632
Power to require limited company to give security for costs.
633
Power of Court to grant relief in certain cases.
634
Enforcement of orders of Courts.
634A
Enforcement of orders of Company Law Board.
635
Enforcement of orders of one Court by other Courts.
635A
Protection of acts done in good faith.
635AA
Non-disclosure of information in certain cases.
635B
Protection of employees during investigation by inspector or pendency of proceeding before Court in certain cases.
636
Reduction of fees, charges, etc., payable to company.
637
Delegation by Central Government of its powers and functions under Act.
637A
Power of Central Government or Company Law Board to accord approval, etc., subject to conditions and to prescribe fees on applications.
637AA
Power of Central Government to fix a limit with regard to remuneration.
637B
Condonation of delays in certain cases.
638
Annual report by Central Government.
639
Repealed.
640
Validation of registration of firms as members of charitable and other companies.
640A
Exclusion of tim