Companies Act, 2013

Latest Common Questions on Company Law FB:  https://www.facebook.com/ In this Flash Editorial author begins by referring the common queries / questions received from professionals, Students or corporate in relation to Company Law. DIR-3 KYC 1.      What is due date of filing of e-form DIR-3 KYC and web based DIR-3 KYC? Due date for both the KYC forms is 30 th September, 2019. 2.      How to change email ID or Mobile no of Director from the DIR-3 KYC filed last year? Such person have to file e-form DIR-3 KYC for the same instead of web based KYC. 3.      If a person obtained DIN after 31 st March, 2019 whether need to file DIR-3 KYC before 30.09.2019? Only person having DIN till 31.03.2019 needs to file DIR-3 KYC. 4.      How to change address in DIN of DIN Holder? Such person:- ·         First have to file e-form DIR-6 for the same ·         Then have to file e-form web-based DIR-3 KYC PROVISIONS RELATING TO AUDITORS 5.     

eCSIN Employee Company Secretary Identification Number In exercise of the powers conferred by clause (1) of Part II of the Second Schedule to the Company Secretaries Act, 1980 as amended by the Company Secretaries (Amendment) Act, 2006. The council member in its 261st meeting held on 27th June, 2019 issued Employee Company Secretary Identification Number.       Applicability: I.             It is applicable on Company Secretaries in Employment. II.    Any Person getting employment w.e.f. 01 st October, 2019 needs to obtain eCSIN. III.     Any person already appointed in companies till 30 th September, 2019 need to obtain eCSIN till 31 st December, 2019           O BJECTS   I.   To monitor the appointment and cessation of Company Secretaries in Employment. II.   To bring more transparency by creating a platform to identify the Company       Secretaries employed in a particular company; III.   It shall provide an opportunity to the members to

IS IT MANDATORY TO SIGN FINANCIALS  BY AUDITORS BEFORE 06.09.2019? This Editorial is updated till 30 th August, 2019. There is confusion in mind of professionals and corporate in respect of date of signing of financial statement of Companies for F.y. ended 31.03.2019. Question: Whether auditor can sign the auditor report and financial statement after 06.09.2019? I.       Provision of Holding of AGM: As per provisions of Section 101, A general meeting of a company may be called by giving not less than clear  21 days notice either in writing or through electronic mode. II.       Shorter Notice: A General Meeting May Be Called After Giving Shorter Notice Than That specified in this sub-section if consent, in writing or by electronic mode, is  given by not less than 95% of the members entitled to vote thereat ; Note: If a Company received consent of 95% of the member entitled to vote then they can hold Board Meeting even on 29.09.2019 and call AGM on 30

LETTER HEAD OF COMPANY NOTICE IS HEREBY GIVEN THAT THE ______th ANNUAL GENERAL MEETING OF THE (NAME OF THE COMPANY) WILL BE HELD ON (DAY), (DATE) AT ( TIME OF THE MEETING) AT THE REGISTERED OFFICE OF THE COMPANY AT (PLACE OF MEETING) , TO TRANSACT THE FOLLOWING BUSINESSES: ORDINARY BUSINESS: Item No. 1 – Adoption of Financial Statement : To consider and adopt the audited financial statements (including the consolidated financial statements) of the Company for the financial year ended March 31, 20__ and the reports of the Board of Directors (‘the Board’) and auditors thereon. Item No. 2: Re-Appointment/A ppointment of Auditor To consider and if thought fit, to pass with or without modification(s), the following resolution as an Ordinary Resolution: “RESOLVED THAT pursuant to the provisions of Section 139 and other applicable provisions, if any, of the Companies Act, 2013, and the Rules framed there under, as amended from time to time, M/s. __________