What is the Return to be filed with Registrar in case promoters’ stake changes? What is the Place of keeping and inspection of registers, returns, etc? Section 93 and 94 of Indian Companies Act 2013
Return to be filed with Registrar in case promoters stake changes and Place of keeping and inspection of registers, returns, etc are defined under Section 93 and 94 of Indian Companies Act 2013. Provisions under these sections are:
Section 93 of Indian Companies Act 2013 "Return to be filed with Registrar in case promoters’ stake changes"
Every listed company shall file a return in the prescribed form with the Registrar with respect to change in the number of shares held by promoters and top ten shareholders of such company, within fifteen days of such change.
94 of Indian Companies Act 2013
"Place of keeping and inspection of registers, returns, etc"
(1) The registers required to be kept and maintained by a company under section 88 and copies of the annual return filed under section 92 shall be kept at the registered office of the company:
Provided that such registers or copies of return may also be kept at any other place in India in which more than one-tenth of the total number of members entered in the register of members reside, if approved by a special resolution passed at a general meeting of the company and the Registrar has been given a copy of the proposed special resolution in advance:
Provided further that the period for which the registers, returns and records are required to be kept shall be such as may be prescribed.
(2) The registers and their indices, except when they are closed under the provisions of this Act, and the copies of all the returns shall be open for inspection by any member, debenture-holder, other security holder or beneficial owner, during business hours without payment of any fees and by any other person on payment of such fees as may be prescribed.
(3) Any such member, debenture-holder, other security holder or beneficial owner or any other person may-
(a) take extracts from any register, or index or return without payment of any fee; or
(b) require a copy of any such register or entries therein or return on payment of such fees as may be prescribed.
Punishment for violation of Section 94 of the Companies Act 2013
(4) If any inspection or the making of any extract or copy required under this section is refused, the company and every officer of the company who is in default shall be liable, for each such default, to a penalty of one thousand rupees for every day subject to a maximum of one lakh rupees during which the refusal or default continues.
(5) The Central Government may also, by order, direct an immediate inspection of the document, or direct that the extract required shall forthwith be allowed to be taken by the person requiring it.
Register of charges to be kept by Registrar, Responsibility
of Company to report satisfaction of charge. Section
81 and 82 of Indian Companies Act 2013
What is Power of Registrar to make entries of satisfaction and release in absence of intimation from company? What is Intimation of appointment of receiver or manager? Section 83 and 84 of Indian Companies Act 2013
What is Power of Tribunal to call meetings of members, etc? What is Punishment for default in complying with provisions of sections 96 to 98? What is the procedure for Calling of extraordinary general meeting? Section 98, 99 and 100 of Indian Companies Act 2013