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Start Free TrialCompanies Act, 2013, Section 285
Title: Settlement of List of Contributories and Application of Assets
State: Central
Year: 2013
.....for the preceding one year or more before the commencement of the winding up; (b) a person who has been a member shall not be liable to contribute in respect of any debt or liability of the company contracted after he ceased to be a member; (c) no person who has been a member shall be liable to contribute unless it appears to the Tribunal that the present members are unable to satisfy the contributions required to be made by them in pursuance of this Act; (d) in the case of a company limited by shares, no contribution shall be required from any person, who is or has been a member exceeding the amount, if any, unpaid on the shares in respect of which he is liable as such member; (e) in the case of a company limited by guarantee, no contribution shall be required from any person, who is or has been a member exceeding the amount undertaken to be contributed by him to the assets of the company in the event of its being wound up but if the company has a share capital, such member shall be liable to contribute to the extent of any sum unpaid on any shares held by him as if the company were a company limited by shares.
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 371
Title: Effect of Registration Under This Part
State: Central
Year: 2013
.....other law for the time being in force, or other instrument constituting or regulating the company. (5) Nothing in this section shall authorise the company to alter any such provisions contained in any instrument constituting or regulating the company as would, if the company had originally been formed under this Act, have been required to be contained in the memorandum and are not authorised to be altered by this Act. (6) None of the provisions of this Act (apart from those of section 242) shall derogate from any power of altering its constitution or regulations which may be vested in the company, by virtue of any Act of Parliament or any other law for the time being in force, or other instrument constituting or regulating the company. (7) In this section, the expression "instrument" includes deed of settlement, deed of partnership, or limited liability partnership.
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Complete Act
Title: the Companies Act, 2013
State: Central
Year: 2013
.....II - INCORPORATION OF COMPANY AND MATTERS INCIDENTAL THERETO Section 3 - Formation of company Section 4 - Memorandum Section 5 - Articles Section 6 - Act to override memorandum, articles, etc. Section 7 - Incorporation of company Section 8 - Formation of companies with charitable objects, etc. Section 9 - Effect of registration Section 10 - Effect of memorandum and articles Section 11 - Commencement of business, etc. Section 12 - Registered office of company Section 13 - Alteration of memorandum Section 14 - Alteration of articles Section 15 - Alteration of memorandum or articles to be noted in every copy Section 16 - Rectification of name of company Section 17 - Copies of memorandum, articles, etc., to be given to members Section 18 - Conversion of companies already registered Section 19 - Subsidiary company not to hold shares in its holding company Section 20 - Service of documents Section 21 - Authentication of documents, proceedings and contracts Section 22 - Execution of bills of exchange, etc. Chapter III - PROSPECTUS AND ALLOTMENT OF SECURITIES Part I - PUBLIC OFFER Section 23 - Public offer and private placement Section 24 - Power of.....
List Judgments citing this sectionCompanies Act, 2013, Section 198
Title: Calculation of Profits
State: Central
Year: 2013
.....of section 197,-- (a) credit shall be given for the sums specified in sub-section (2), and credit shall not be given for those specified in sub-section (3); and (b) the sums specified in sub-section (4) shall be deducted, and those specified in sub-section (5) shall not be deducted. (2) In making the computation aforesaid, credit shall be given for the bounties and subsidies received from any Government, or any public authority constituted or authorised in this behalf, by any Government, unless and except in so far as the Central Government otherwise directs. (3) In making the computation aforesaid, credit shall not be given for the following sums, namely:-- (a) profits, by way of premium on shares or debentures of the company, which are issued or sold by the company; (b) profits on sales by the company of forfeited shares; (c) profits of a capital nature including profits from the sale of the undertaking or any of the undertakings of the company or of any part thereof; (d) profits from the sale of any immovable property or fixed assets of a capital nature comprised in the undertaking or any of the undertakings of the company, unless the business of the company.....
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 296
Title: Power of Tribunal to Make Calls
State: Central
Year: 2013
The Tribunal may, at any time after the passing of a winding up order, and either before or after it has ascertained the sufficiency of the assets of the company,-- (a) make calls on all or any of the contributories for the time being on the list of the contributories, to the extent of their liability, for payment of any money which the Tribunal considers necessary to satisfy the debts and liabilities of the company, and the costs, charges and expenses of winding up, and for the adjustment of the rights of the contributories among themselves; and (b) make an order for payment of any calls so made.
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 314
Title: Powers and Duties of Company Liquidator in Voluntary Winding Up
State: Central
Year: 2013
.....form and manner as may be prescribed and file such statement of accounts duly audited within thirty days from the close of each quarter with the Registrar, failing which the Company Liquidator shall be punishable with fine which may extend to five thousand rupees for every day during which the failure continues. (6) The Company Liquidator shall pay the debts of the company and shall adjust the rights of the contributories among themselves. (7) The Company Liquidator shall observe due care and diligence in the discharge of his duties. (8) If the Company Liquidator fails to comply with the provisions of this section except sub-section (5) he shall be punishable with fine which may extend to ten lakh rupees.
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 297
Title: Adjustment of Rights of Contributories
State: Central
Year: 2013
The Tribunal shall adjust the rights of the contributories among themselves and distribute any surplus among the persons entitled thereto.
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 324
Title: Debts of All Descriptions to Be Admitted to Proof
State: Central
Year: 2013
In every winding up (subject, in the case of insolvent companies, to the application in accordance with the provisions of this Act or of the law of insolvency), all debts payable on a contingency, and all claims against the company, present or future, certain or contingent, ascertained or sounding only in damages, shall be admissible to proof against the company, a just estimate being made, so far as possible, of the value of such debts or claims as may be subject to any contingency, or may sound only in damages, or for some other reason may not bear a certain value.
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Schedule
Title: Schedule Iii
State: Central
Year: 2013
.....investments do not have a value on realisation in the ordinary course of business at least equal to the amount at which they are stated, the fact that the Board is of that opinion, shall be stated. PART II - STATEMENT OF PROFIT AND LOSS Name of the Company......................... Profit and loss statement for the year ended ........................... (Rupees in............) Particulars Note No. Figures as at the end of current reporting period Figures as at the end of the previous reporting period 1 2 3 4 I. Revenue from operations xxx xxx II. Other income xxx xxx III. Total Revenue (I + II) xxx xxx IV. Expenses: Cost of materials consumed Purchases of Stock-in-Trade Changes in inventories of finished goods xxx xxx work-in-progress and xxx xxx Stock-in-Trade xxx xxx Employee benefits expense xxx xxx Finance costs Depreciation and amortisation expense Other expenses Total expenses xxx xxx V. Profit before exceptional and extraordinary items and tax (III - IV) xxx xxx VI. Exceptional items xxx xxx VII. Profit before.....
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Schedule
Title: Schedule I
State: Central
Year: 2013
..... TABLE - F ARTICLES OF ASSOCIATION OF A COMPANY LIMITED BY SHARES Interpretation I. (1) In these regulations-- (a) "the Act" means the Companies Act, 2013, (b) "the seal" means the common seal of the company. (2) Unless the context otherwise requires, words or expressions contained in these regulations shall bear the same meaning as in the Act or any statutory modification thereof in force at the date at which these regulations become binding on the company. Share capital and variation of rights II. 1. Subject to the provisions of the Act and these Articles, the shares in the capital of the company shall be under the control of the Directors who may issue, allot or otherwise dispose of the same or any of them to such persons, in such proportion and on such terms and conditions and either at a premium or at par and at such time as they may from time to time think fit. 2. (i) Every person whose name is entered as a member in the register of members shall be entitled to receive within two months after incorporation, in case of subscribers to the memorandum or after allotment or within one month after the application for the registration of.....
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