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List of Important Section numbers for CA Inter LAW (ICAI New syllabus)

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
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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
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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
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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
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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

 

 

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