A Message from CA Preeti Aggarwal
Dear Students,
Mastering the key section numbers within various statutes is indispensable for success. This blog will serve as your go-to resource, providing clarity and insight into the most crucial and important section numbers from your CA Inter Corporate and other laws (ICAI’s new syllabus)
CORPORATE LAW
(My Pro Study tip: Start revising the chapters in the reverse order)
I) Companies Incorporated outside India
Section number | Section name |
380 | Documents, etc., to be delivered to Registrar by foreign companies |
381 | Accounts of foreign companies |
382 | Display of name, etc., of foreign companies |
383 | Service on foreign company |
384 | Debentures, annual return, registration of charges, books of accounts and their inspection |
389 | Registration of prospectus |
II) Audit and Auditors
Section number | Section name |
139 | Appointment of Auditors |
140 | Removal, resignation of auditor and giving of special notice |
141 | Eligibility, qualifications and disqualifications of auditors |
142 | Remuneration of auditors |
143 | Powers and duties of auditors and auditing standards |
144 | Auditor not to render certain services |
145 | Auditor to sign audit reports, etc. |
146 | Auditors to attend general meeting |
147 | Punishment for contravention |
III) Accounts of Companies
Section number | Section name |
128 | Books of account, etc., to be kept by company |
130 | Re-opening of accounts on court’s or Tribunal’s orders |
132 | Constitution of National Financial Reporting Authority |
134 | Financial statement, Board’s report, etc. |
135 | Corporate Social Responsibility |
136 | Right of member to copies of audited financial statement |
137 | Copy of financial statement to be filed with Registrar |
138 | Internal audit |
Rule 3 | Manner of books of accounts to be kept in electronic mode |
Rule 13 | Companies required to appoint internal auditor |
IV) Declaration and Payment of Dividend
Section number | Section name |
123 | Declaration of dividend |
124 | Unpaid Dividend Account |
125 | Investor Education and Protection Fund |
127 | Punishment for failure to distribute dividends |
V) Management and Administration
Section number | Section name |
94 | Place of keeping and inspection of registers, returns, etc. |
96 | Annual general meeting |
101 | Notice of meeting |
102 | Statement to be annexed to notice |
103 | Quorum for meetings |
104 | Chairman of meetings |
105 | Proxies |
109 | Demand for poll |
115 | Resolutions requiring special notice |
118 | Minutes of proceedings of general meeting, meeting of Board of Directors and other meeting and resolutions passed by postal ballot |
119 | Inspection of minute-books of general meeting |
VI) Registration of charges
Section number | Section name |
77 | Duty to register charges (ie registration of charge by Company) |
78 | Application for registration of charge by charge-holder |
80 | Registration of Charge to act as Constructive Notice |
82 | Satisfaction of charges |
83 | Power of registrar to make entries of satisfaction and release in absence of intimation from company |
87 | Rectification by Central Government in register of charges |
VII) Acceptance of Deposits
Section number | Section name |
Rule 2 | Definition of Deposit and Categories of amounts not considered as deposit Definition of Eligible Company |
73 | Prohibition on acceptance of deposits from public |
76 | Acceptance of deposits from public by certain companies |
VIII) Share capital and Debentures
Section number | Section name |
52 | Application of premiums received on issue of shares |
54 | Issue of sweat equity shares |
55 | Issue and redemption of preference shares |
56 | Transfer and transmission of securities |
58 | Refusal of registration and appeal against refusal |
61 | Power of limited company to alter its share capital |
62 | Further issue of share capital |
63 | Issue of bonus shares |
66 | Reduction of share capital |
67 | Restrictions on purchase by company or giving of loans by it for purchase of its shares |
68 | Power of company to purchase its own securities |
70 | Prohibition for buy-back in certain circumstances |
71 | Debentures |
IX) Prospectus and Allotment of Securities
Section number | Section Name |
26 | Matters to be stated in the prospectus |
31 | Shelf prospectus |
32 | Red herring prospectus |
34 | Criminal liability for misstatements in prospectus |
35 | Civil liability for misstatements in prospectus |
36 | Punishment for fraudulently inducing persons to invest money |
37 | Action by affected persons |
38 | Punishment for personation for acquisition, etc., of securities |
39 | Allotment of securities by company |
40 | Securities to be dealt with in stock exchanges |
42 | Offer or invitation for subscription of securities on private placement |
Irregular Allotment |
X) Incorporation of a Company
Section number | Section name |
5 | Entrenchment of Articles |
12 | Change from one city, town, or village to another within the jurisdiction of the same RoC within the same State |
13 | Change of Registered office from one State to another |
16 | Rectification of name of company |
19 | Subsidiary company cannot become a member of a holding company |
20 | Service of documents |
22 | Execution of Bills of exchange, etc |
XI) Preliminary
Section number | Section Name |
2 (6) | Associate Company |
2 (42) | Foreign Company |
2 (45) | Government Company |
2 (46) | Holding Company |
2 (52) | Listed Company |
2 (68) | Private Company |
2 (71) | Public Company |
2 (85) | Small Company |
2 (87) | Subsidiary Company |
8 | Formation of companies with charitable objects, etc. |
One Person Company |
I) Limited Liability Partnership
Section number | Section name |
2(m) | Foreign LLP |
(ta) | Small LLP |
5 | Partners |
7 | Designated partners |
11 | Incorporation document |
12 | Incorporation by registration |
16 | Reservation of name |
17 | Change of name of limited liability partnership |
30 | Unlimited liability in case of fraud |
31 | Whistle blowing |
64 | Circumstances in which limited liability partnership may be wound up by Tribunal |
OTHER LAWS
I) The Foreign Exchange Management Act, 1999
Section number | Section name |
2(u) | Person |
5 | Current account transactions |
6 | Capital account transactions |
II) The General Clauses Act, 1897
Section number | Section name |
3(21) | Financial year |
3(22) | Good Faith |
3(26) | Immovable Property |
5 | Coming into operation of enactment |
6 | Effect of Repeal |
9 | Commencement and termination of time |
10 | Computation of time |
13 | Gender and number |
26 | Provision as to offence punishable under two or more enactments |
27 | Meaning of Service by post |
III) Interpretation of Statutes
Sr. no | Concept |
1 | Heydon’s case |
2 | Grammatical and logical interpretation |
3 | Proviso and explanation |
4 | Means and includes |
5 | Preamble |
6 | Dictionary definitions |
7 | Foreign decisions |
8 | External aids to construction |
All the best!
CA Preeti Aggarwal
For CA LAW classes visit https://capreetiaggarwal.com/
Youtube channel : https://www.youtube.com/channel/UCK2SIQwBHYmVg8WNGRfgVeA