provision of companies act with respect to
TRANSCRIPT
PROVISION OF COMPANIES ACT WITH
RESPECT TO:-MANAGEMENT AND ADMINISTRATION
BY:- Mayank Bakliwal (A018)
Anjani Raipat (A047)
Rutvik Shukla (A053)
Karishma Singh (A054)
Aakanksha Shanghavi (A063)
INTRODUCTION
Companies play very vital role in any
economy. In our country, the Companies
Act, 2013 primarily regulates the
formation, financing, functioning and
winding up of companies. The Act
prescribes regulatory mechanism
regarding all relevant aspects including
organisational, financial and managerial
aspects of companies.
INTRODUCTION
Management and Administration plays an
important role in the activities and
regulation of all the activities of an
organization. Chapter VII of the
Companies Act, 2013 read with Companies
(Management and Administration) Rules,
2014 deals with the legal and procedural
aspects of management and administration
of companies.
OBJECTIVES
To protect the interests of a large number of
shareholders, as there exists separation of ownership
from management in a company;
To safeguard the interests of creditors;
To help the development of companies in India on
healthy lines, because corporate sector constitutes a
very important segment of the economy;
To help the attainment of the ultimate ends of social
and economic policy of the Government
REGISTRATIONS
SECTION 88:-
Register of members, etc.
SECTION 89:-
Declaration in respect of beneficial interest in
any share
SECTION 90:-
Return to be filed with Registrar in case
promoters’ stake changes
REGISTRATIONS
SECTION 94:-
Place of keeping and inspection of registers,
returns, etc.
SECTION 95:-
Registers, etc., to be evidence
MEETINGS
SECTION 96:-
Annual general meeting
SECTION 97:-
Power of Tribunal to call annual general
meeting
SECTION 98:-
Power of Tribunal to call meetings of members,
etc.
MEETINGS
SECTION 99:-
Punishment for default in complying with
provisions of sections 96 to 98
SECTION 100:-
Calling of extraordinary general meeting
SECTION 101:-
Notice of meeting
MEETINGS
SECTION 102 :-
Statement to be annexed to notice
SECTION 103:-
Quorum for meetings
SECTION 104:-
Chairman of meetings
VOTING
SECTION 105:-
Restriction on voting rights
SECTION 106:-
Voting by show of hands
SECTION 107:-
Voting by show of hands
VOTING
SECTION 108:-
Voting through electronic means
SECTION 109:-
Demand for poll
SECTION 110:-
Postal ballots
RESOLUTIONS
SECTION 111:-
Circulation of members’ resolution
SECTION 112:-
Representation of President and Governors in
meetings
SECTION 113:-
Representation of corporations at meeting of
companies and of creditors
RESOLUTIONS
SECTION 114:-
Ordinary and special resolutions
SECTION 115:-
Resolutions requiring special notice
SECTION 116:-
Resolutions passed at adjourned meeting
RESOLUTIONS
SECTION 117:-
Resolutions and agreements to be filed
SECTION 118:-
Minutes of proceedings of general meeting,
meeting of Board of Directors and other
meeting and resolutions passed by postal ballot
MISCELLANEOUS
SECTION 119:-
Inspection of minute-books of general meeting
SECTION 120:-
Maintenance and inspection of documents in
electronic form
MISCELLANEOUS
SECTION 121:-
Report on annual general meeting
SECTION 122:-
Applicability of this Chapter to One Person
Company
HOW IS THE PRESENT ACT BETTER THAN THE
LAST ONE?
minor to drastic changes
more practical
wider applicability
prescribe increased matters for compliance
increase the responsibility of all constituents
pose intricacies in implementation
CONCLUSIONA company, being an artificial person, cannot act on
its own. It, therefore, expresses its will or takes its
decisions through resolutions passed at validly held
Meetings. The primary purpose of a Meeting is to
ensure that a company gives reasonable and fair
opportunity to those entitled to participate in the
Meeting to take decisions as per the prescribed
procedures. The decision making powers of a
company are vested in the Members and the Directors
and they exercise their respective powers through
Resolutions passed by them. General Meetings of the
Members provide a platform to express their will in
regard to the management of the affairs of the
company