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Chapter 6
Accounts of the Company
91. Accounts, etc. of the
Company
(1) Every company shall duly maintain its
accounts in the Nepali language. For the convenience of the company, the
accounts may be maintain in English also. But in case accounts are maintained in
both these languages, accounts maintained in the Nepali language shall be deemed
to be authoritative.
(2) The account to be maintained under
Sub-Section (1) shall contain particulare of the income made by the
company, sales and purchase of goods, and a detailed statement of its assets and
liabilities, in such manner as to clearly reflect the actual position of the
company.
(3) The accounts of the company shall not be
kept at any place other that its registered office without the approval of the
appropriate department. The directors may, if they so desire, inspect the
accounts at any time.
(4) The cash balance of the company, other
than the amount prescribed by the Board of Directors, shall be deposited with
the bank, where there is any.
(5) A company having branches shall obtain
accounts from them every three months.
92. Preparation of
Balance Sheet
(1) The Board of Directors shall prepare a
profit and loss account and a balnce-sheet according to Section 93 every year at
least thirty five days before the annual general meeting is convened. Such
profit and loss account and balance-sheet shall have been audited and shall bear
the signature of the directors. a copy of the director's report shall be
attached therewith.
(2) In them case of the first year of
establishment of the company, the profit and loss account to be prepared under
Sub-Section (1) shall include accounts for the period begning from the date when
it was incorporated up to the end of its first financial year, and in the case
of subsequent years, for the period of the previous financial year.
(3) The auditor shall submit a copy of the
report along with the balance sheet and the profit and loss accounts audited by
him to the registered office of the company addressed collectively to all the
shareholders, and another to the appropriate department.
(4) The report to be submitted by the Board of
Directors under Sub- Section (1) and by the auditor under Sub-Section (3) shall
indicate the actual position of the company. The Board of Directors, in its
report, shall recommend the amount, if any, to be maintained in the reserve fund
as well as the dividend which may be declared. In addition, the report shall
indicate the changes in the company or its business or any other matter in
respect thereto, or any other matter in respect thereto, or any loss or damage
therein.
(5) The balance-sheet prepared under this
Sub-Section shall be made available for inspection by any shareholder, if he so
desires.
93. Particulars to be
Indicated in Balance-Sheet
(1) The balance-sheet shall contain, as far as
possible, correct particulars as mentioned below in regard to the
company's capital, liabilities and assets, so that it recollects the actual
position of the company.
(a) Capital and Liabilities
(1) Authorised capital, as provided for in the
memorandum, issued capital, subscribed shares, paid-up capital, reserve
fund and other reserves.
(2) Long-Term Loans
(a) Debentures
(b) Other long-term loans
(3) Short-Term Loans
(a) Acceptances
(b) other short-term loans
(4) Other Liabilities
(5) Profits Earned from the Business of the
Company
(a) Profit brought forward from previous
years.
(b) Profit earned during the year.
(c) Assets
(1) Immovable Assets and other Fixed Assets
(a) Houses and compounds and other assets
(b) Plants, machinery and other equipment
(c) Patents, trade- similar other
rights
(d) Goodwill of the company
(e) Preliminary expenses of the company.
(f) Shares held in other companies.
(g) Capital invested in debentures and similar
other investments.
(2) Movable Assets
(a) Stock-in-trade, goods under process of
manufacture, stocks of raw materials.
(b) Securities other than shares and
debentures, not meant for investment.
(c) Acceptances.
(d) Receivable bills and advances.
(e) Cash in hand, checks and bank balances.
(f) Other particulars, if any.
(c) Losses Incurred by the Company in Course
of Business
(1) Losses brought forward from previous
years.
(2) Losses Incurred during the current year.
(2) In case the company has granted loans to
its directors or employees, it shall indicate this matter in the balance-sheet.
(3) In case the company has stood surety to
secure the liabilities of any person or in case the company itslef
undertaken any liability, these matter shall be indicated in a note, if got
mentioned in the balance-sheet.
(4) Loans and liabilities accepted with or
without security shall be shown separately in the balance sheet while indicating
the particulars of loans and liabilities therein under Sub-Section (1).
94. Valuation of Assets to
be Indicated in Balance Sheet
(1) The price at which movable assets and
other fixed assets of the company were acquired shall be indicated in the
balance sheet while showing the value thereof.
Provided that :
(a) In case the price of such assets
subsequently rises for any reasons and is accordingly assessed in the
accounts of the company, the value may be shown in the balance-sheet on the
basis of such prices.
(b) In case there is a fall in the value of
such assets as a result of derreciation, such depreciation shall be deducted and
only the value remaining thereafter shall be take into account.
(2) While assessing the value of shares held
by one company in another company, the balance-sheet shall separately show
particulars regarding the latter company, the categery, number and value of
shares and the total value of such shares.
(3) The company shall not indicate the
goodwill of its business as an asset. Provided that in case the company has
purchased the business and goodwill of any other company, the balance sheet may
indicate the price at which such goodwill was purchased as an asset.
(4) While mentioning the value of manufactured
or semi-manufactured goods and raw materials held in stock, the balance-sheet
shall indicate the cost price or market price, whichever is lower.
(5) The balance-sheet may indicate as an asset
the loans issued by the company only when there is definite or reasonable
ground to believe that such loans can be recovered.
95. Particulars to be
Indicates in Profit and Loss Accounts
The profit and loss account shall, as far as
possible, contain the following particulars, clearly indicating the volume
of the company's business during the period for which the accounts are given in
the profit and loss account :
(1) Gross sales.
(2) Raw materials used up and the initial and
subsequent stocks of manufacture goods.
(3) Depareciation and the reasons if as
provision for depreciation has bear made.
(4) Interest paid on loans or debentures, and
other necessary particulars,
(5) Amount allocated for payment of loans.
(6) Amount allocated for reserve or for
gratuities from out of the profits.
(7) Amount allocated for expenditure from out
of the reserve fund.
(8) Salaries, allowances and fees and share,
if any, on profit paid to the managing agent, directors, etc.
(9) Expenditure, as follows :
(a) Salkaries, allowances, wages and benuses
paid to employees and workers.
(b) Amount allocation for the Provident Fund.
(c) Gratuities paid to employees.
(d) Freight and transport charges.
(e) Taxes, fees (other than tax on profit).
(f) Power and fuel costs.
(g) Repair and maintenance.
(h) Travelling allowances.
(i) Other expenses, if any.
(10) Amount of tax paid.
(11) Income Accruing from the Following
Sources
(a) Interest and dividends accruing from
investment.
(b) Other income, along with particulars
thereof.
(12) Profits earned or less sustained on the
sale of immovable assets or investments.
(13) Amount of dividend already paid or
recommended for payment.
(14) Particulars of changes, if any, made on
the basis on which accounts have been preparea as well as particulars of the
effect of such charges on the profit and loss account.
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