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Companies Act, 2013, Section 291

Title: Provision for Professional Assistance to Company Liquidator

State: Central

Year: 2013

(1) The Company Liquidator may, with the sanction of the Tribunal, appoint one or more chartered accountants or company secretaries or cost accountants or legal practitioners or such other professionals on such terms and conditions, as may be necessary, to assist him in the performance of his duties and functions under this Act. (2) Any person appointed under this section shall disclose forthwith to the Tribunal in the prescribed form any conflict of interest or lack of independence in respect of his appointment.

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Companies Act, 2013, Schedule

Title: Schedule Iv

State: Central

Year: 2013

.....include a statement that in the opinion of the Board, the independent director proposed to be appointed fulfils the conditions specified in the Act and the rules made thereunder and that the proposed director is independent of the management. (4) The appointment of independent directors shall be formalised through a letter of appointment, which shall set out: (a) the term of appointment; (b) the expectation of the Board from the appointed director; the Board-level committee(s) in which the director is expected to serve and its tasks; (c) the fiduciary duties that come with such an appointment along with accompanying liabilities; (d) provision for Directors and Officers (D and O) insurance, if any; (e) the Code of Business Ethics that the company expects its directors and employees to follow; (f) the list of actions that a director should not do while functioning as such in the company; and (g) the remuneration, mentioning periodic fees, reimbursement of expenses for participation in the Boards and other meetings and profit related commission, if any. (5) The terms and conditions of appointment of independent directors shall be open for inspection at the.....

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Companies Act, 2013, Section 2

Title: Definitions

State: Central

Year: 2013

.....or any one or more of the directors is or are accustomed to act; (60) "officer who is in default", for the purpose of any provision in this Act which enacts that an officer of the company who is in default shall be liable to any penalty or punishment by way of imprisonment, fine or otherwise, means any of the following officers of a company, namely:-- (i) whole-time director; (ii) key managerial personnel; (iii) where there is no key managerial personnel, such director or directors as specified by the Board in this behalf and who has or have given his or their consent in writing to the Board to such specification, or all the directors, if no director is so specified; (iv) any person who, under the immediate authority of the Board or any key managerial personnel, is charged with any responsibility including maintenance, filing or distribution of accounts or records, authorises, actively participates in, knowingly permits, or knowingly fails to take active steps to prevent, any default; (v) any person in accordance with whose advice, directions or instructions the Board of Directors of the company is accustomed to act, other than a person who gives advice to the.....

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Annamalai University Act, 2013 Complete Act

State: Tamil Nadu

Year: 2013

.....of University." (1) On and from the date of commencement of this Act, the Annamalai University established under the Annamalai University Act, 1928 (Tamil Nadu Act 1 of 1929) shall be deemed to have been established and incorporated under this Act and is hereby declared to be the University by the aforesaid name. (2) The University shall be a body corporate, shall have perpetual succession and a common seal and shall sue and be sued by the said name. (3) The headquarters of the University shall be located within the limits of the Annamalai Nagar or in any place within a radius of sixteen kilometres around those limits. 4. Objects and powers of University."The University shall have the following objects and powers, namely:" (1) to provide for instruction and training in such branches of learning as it may determine including professional studies and technology; (2) to provide for research and for the advancement and dissemination of knowledge; (3) to institute degrees, titles, diplomas and other academic distinctions; (4) to hold examinations and to confer degrees, titles, diplomas and other academic distinctions on persons who" (a) have pursued an approved course of.....

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Companies Act, 2013, Section 132

Title: Constitution of National Financial Reporting Authority

State: Central

Year: 2013

.....the firm from engaging himself or itself from practice as member of the Institute of Chartered Accountant of India referred to in clause (e) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) for a minimum period of six months or for such higher period not exceeding ten years as may be decided by the National Financial Reporting Authority. Explanation.--For the purposes of his sub-section, the expression "professional or other misconduct" shall have the same meaning assigned to it under section 22 of the Chartered Accountants Act, 1949 (38 of 1949). (5) Any person aggrieved by any order of the National Financial Reporting Authority issued under clause (c) of sub-section (4), may prefer an appeal before the Appellate Authority constituted under sub-section (6) in such manner as may be prescribed. (6) The Central Government may, by notification, constitute, with effect from such date as may be specified therein, an Appellate Authority consisting of a chairperson and not more then two other members, to be appointed by the Central Government, for hearing appeals arising out of the orders of the National Financial Reporting Authority. (7) The.....

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Companies Act, 2013, Section 275

Title: Company Liquidators and their Appointments

State: Central

Year: 2013

.....to be performed, experience, qualification of such liquidator and size of the company. (6) On appointment as provisional liquidator or Company Liquidator, as the case may be, such liquidator shall file a declaration within seven days from the date of appointment in the prescribed form disclosing conflict of interest or lack of independence in respect of his appointment, if any, with the Tribunal and such obligation shall continue throughout the term of his appointment. (7) While passing a winding up order, the Tribunal may appoint a provisional liquidator, if any, appointed under clause (c) of sub-section (1) of section 273, as the Company Liquidator for the conduct of the proceedings for the winding up of the company.

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Companies Act, 2013, Section 290

Title: Powers and Duties of Company Liquidator

State: Central

Year: 2013

.....receipts and other documents, and for that purpose, to use, when necessary, the company's seal; (c) to sell the immovable and movable property and actionable claims of the company by public auction or private contract, with power to transfer such property to any person or body corporate, or to sell the same in parcels; (d) to sell the whole of the undertaking of the company as a going concern; (e) to raise any money required on the security of the assets of the company; (f) to institute or defend any suit, prosecution or other legal proceeding, civil or criminal, in the name and on behalf of the company; (g) to invite and settle claim of creditors, employees or any other claimant and distribute sale proceeds in accordance with priorities established under this Act; (h) to inspect the records and returns of the company on the files of the Registrar or any other authority; (i) to prove rank and claim in the insolvency of any contributory for any balance against his estate, and to receive dividends in the insolvency, in respect of that balance, as a separate debt due from the insolvent, and rateably with the other separate creditors; (j) to draw, accept, make and.....

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Companies 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.....

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The Delhi Value Added Tax (Amendment) Act, 2013 Complete Act

State: Delhi

Year: 2013

.....2013. Section 2 - Amendment of section 2 In the Delhi Value Added Tax Act, 2004 (Delhi Act 3 of 2005), hereinafter referred to as 'the principal Act', in section 2, in sub-section (1),- (i) in clause (zc), in sub-clause (viii), for the number '(ix)', the number '(vii)' and for the word 'section', the word 'sub-section', shall respectively be substituted; (ii) in clause (zd), for sub-clause(v), the following shall be substituted, namely;- "amount of duties levied or leviable on the goods under the Central Excise Act, 1944 (1 of 1944) or the Customs Act, 1962 (52 of 1962), or the Delhi Excise Act, 2009 (Delhi Act 10 of 2010) whether such duties are payable by the seller or any other person; and" (iii) in clause (zd), in sub-clause (vii), before the 'Explanation-1', a Proviso shall be inserted, namely:- "Provided that where the dealer makes sale of goods imported into the territory of India, the sale price shall be greater of the following: (a) the valuable consideration received or receivable by the dealer; (b) value determined by the Custom authorities for payment of custom duty at the time of the import of such goods." Section 3 - Amendment of section 3 In.....

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Companies Act, 2013, Section 276

Title: Removal and Replacement of Liquidator

State: Central

Year: 2013

.....the case may be, Company Liquidator, the Tribunal may transfer the work assigned to him or it to another Company Liquidator for reasons to be recorded in writing. (3) Where the Tribunal is of the opinion that any liquidator is responsible for causing any loss or damage to the company due to fraud or misfeasance or failure to exercise due care and diligence in the performance of his or its powers and functions, the Tribunal may recover or cause to be recovered such loss or damage from the liquidator and pass such other orders as it may think fit. (4) The Tribunal shall, before passing any order under this section, provide a reasonable opportunity of being heard to the provisional liquidator or, as the case may be, Company Liquidator.

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