Bare Act Search Results

Companies Act, 2013, Section 203

Title: Appointment of Key Managerial Personnel

State: Central

Year: 2013

.....of the company, as well as the managing director or Chief Executive Officer of the company at the same time after the date of commencement of this Act unless,-- (a) the articles of such a company provide otherwise; or (b) the company does not carry multiple businesses: Provided further that nothing contained in the first proviso shall apply to such class of companies engaged in multiple businesses and which has appointed one or more Chief Executive Officers for each such business as may be notified by the Central Government. (2) Every whole-time key managerial personnel of a company shall be appointed by means of a resolution of the Board containing the terms and conditions of the appointment including the remuneration. (3) A whole-time key managerial personnel shall not hold office in more than one company except in its subsidiary company at the same time: Provided that nothing contained in this sub-section shall disentitle a key managerial personnel from being a director of any company with the permission of the Board: Provided further that whole-time key managerial personnel holding office in more than one company at the same time on the date of commencement of.....

Information Technology Act, 2000 Section 42

Title: Control of Private Key

State: Central

Year: 2000

(1) Every subscriber shall exercise reasonable care to retain control of the private key corresponding to the public key listed in his Digital Signature Certificate and take all steps to prevent its disclosure1[***]. (2) If the private key corresponding to the public key listed in the Digital Signature Certificate has been compromised, then, the subscriber shall communicate the same without any delay to the Certifying Authority in such manner as may be specified by the regulations. Explanation.--For the removal of doubts, it is hereby declared that the subscriber shall be liable till he has informed the Certifying Authority that the private key has been compromised. _______________________ 1.Words "to a person not authorized to affix the digital signature of the subscriber" omitted by S.O. 1015 (E), dated 19th September, 2002 (w.e.f. 19-9-2002).

Companies Act, 2013, Section 194

Title: Prohibition on Forward Dealings in Securities of Company by Director or Key Managerial Personnel

State: Central

Year: 2013

.....personnel shall be punishable with imprisonment for a term which may extend to two years or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with both. (3) Where a director or other key managerial personnel acquires any securities in contravention of sub-section (1), he shall, subject to the provisions contained in sub-section (2), be liable to surrender the same to the company and the company shall not register the securities so acquired in his name in the register, and if they are in dematerialised form, it shall inform the depository not to record such acquisition and such securities, in both the cases, shall continue to remain in the names of the transferors. Explanation.--For the purposes of this section, ''relevant shares'' and ''relevant debentures'' mean shares and debentures of the company in which the concerned person is a whole-time director or other key managerial personnel or shares and debentures of its holding and subsidiary companies.

Information Technology Act, 2000 Section 40

Title: Generating Key Pair

State: Central

Year: 2000

Where any Digital Signature Certificate the public key of which corresponds to the private key of that subscriber which is to be listed in the Digital Signature Certificate has been accepted by a subscriber,1[***] the subscriber shall generate2[that key] pair by applying the security procedure. ____________________ 1.Word "then" omitted by S.O. 1015 (E), dated 19th September, 2002 (w.e.f. 19-9-2002). 2.Substituted by S.O. 1015 (E), dated 19th September, 2002, for "the key" (w.e.f. 19-9-2002).

Companies Act, 2013, Section 170

Title: Register of Directors and Key Managerial Personnel and their Shareholding

State: Central

Year: 2013

(1) Every company shall keep at its registered office a register containing such particulars of its directors and key managerial personnel as may be prescribed, which shall include the details of securities held by each of them in the company or its holding, subsidiary, subsidiary of company's holding company or associate companies. (2) A return containing such particulars and documents as may be prescribed, of the directors and the key managerial personnel shall be filed with the Registrar within thirty days from the appointment of every director and key managerial personnel, as the case may be, and within thirty days of any change taking place.

Information Technology Act, 2000 Complete Act

State: Central

Year: 2000

.....record is retained intact or has been altered since such electronic record was so affixed with the digital signature. (2) Any reference in this Act to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area. SECTION 03: AUTHENTICATION OF ELECTRONIC RECORDS (1) Subject to the provisions of this section any subscriber may authenticate an electronic record by affixing his digital signature. (2) The authentication of the electronic record shall be effected by the use of asymmetric crypto system and hash function which envelop and transform the initial electronic record into another electronic record. Explanation."For the purposes of this sub-section, "hash function" means an algorithm mapping or translation of one sequence of bits into another, generally smaller, set known as "hash result" such that an electronic record yields the same hash result every time the algorithm is executed with the same electronic record as its input making it computationally infeasible" (a).....

Information Technology Act, 2000 Chapter I

Title: Preliminary

State: Central

Year: 2000

.....defined in section 13 of the Negotiable Instruments Act, 1881 (26 of 1881);" (w.e.f. 6-2-2003). 3. Substituted by Information Technology Amendment Act, 2008 Act No. 10 of 2009. Prior to substitution text read as under :- "(4) Nothing in this Act shall apply to-- 2 [(a) a negotiable instrument (other than a cheque) as defined in section 13 of the Negotiable Instruments Act, 1881 (26 of 1881);]. (b) a power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882 (7 of 1882); (c) a trust as defined in section 3 of the Indian Trusts Act, 1882 (2 of 1882); (d) a will as defined in clause (h) of section (2) of the Indian Succession Act, 1925 (39 of 1925), including any other testamentary disposition by whatever name called; (e) any contract for the sale or conveyance of immovable property or any interest in such property; (f) any such class of documents or transactions as may be notified by the Central Government in the Official Gazette." Section 2 - Definitions (1) In this Act, unless the context otherwise requires,-- (a) "access", with its grammatical variations and cognate expressions, means gaining entry into, instructing.....

Information Technology Act, 2000 Section 2

Title: Definitions

State: Central

Year: 2000

.....from unauthorised access, use, disclosure, disruption, modification or destruction".] (o) "data" means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer; (p) "digital signature" means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3; (q) "Digital Signature Certificate" means a Digital Signature Certificate issued under sub-section (4) of section 35; (r) "electronic form", with reference to information, means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device; (s) "Electronic Gazette" means the Official Gazette published in the electronic form; (t) "electronic record" means data, record or.....

Information Technology Act, 2000 Chapter VII

Title: Electronic Signature Certificates

State: Central

Year: 2000

.....key pair; (e) the information contained in the Digital Signature Certificate is accurate; and (f) it has no knowledge of any material fact, which if it had been included in the Digital Signature Certificate would adversely affect the reliability of the representations in clauses (a) to (d). ____________________ 1. Inserted vide Information Technology (Amendment) Act, 2008. Section 37 - Suspension of Digital Signature Certificate (1) Subject to the provisions of sub-section (2), the Certifying Authority which has issued a Digital Signature Certificate may suspend such Digital Signature Certificate,-- (a) on receipt of a request to that effect from-- (i) the subscriber listed in the Digital Signature Certificate; or (ii) any person duly authorised to act on behalf of that subscriber; (b) if it is of opinion that the Digital Signature Certificate should be suspended in public interest. (2) A Digital Signature Certificate shall not be suspended for a period exceeding fifteen days unless the subscriber has been given an opportunity of being heard in the matter. (3) On suspension of a Digital Signature Certificate under this.....

Information Technology Act, 2000 Chapter VIII

Title: Duties of Subscribers

State: Central

Year: 2000

.....the subscriber shall perform such duties as may be prescribed.] ____________________ 1. Inserted vide Information Technology (Amendment) Act, 2008. Section 41 - Acceptance of Digital Signature Certificate (1) A subscriber shall be deemed to have accepted a Digital Signature Certificate if he publishes or authorises the publication of a Digital Signature Certificate-- (a) to one or more persons; (b) in a repository; or otherwise demonstrates his approval of the Digital Signature Certificate in any manner. (2) By accepting a Digital Signature Certificate the subscriber certifies to all who reasonably rely on the information contained in the Digital Signature Certificate that-- (a) the subscriber holds the private key corresponding to the public key listed in the Digital Signature Certificate and is entitled to hold the same; (b) all representations made by the subscriber to the Certifying Authority and all material relevant to the information contained in the Digital Signature Certificate are true; (c) all information in the Digital Signature Certificate that is within the knowledge of the subscriber is true. Section 42 - Control of private key .....