SECRETARIAL PRACTICES

Secretarial Practices

The New Companies Act, 2013 has cast upon various compliances on the Companies beside maintaining of various records/registers and filing of various return with several authorities.

Understanding, interpretation and compliance the provisions of the Act, is very essential not only compliance point of view but also to protect the business interest, because taking a decision which is not as per the provisions of law makes the transaction void and illegal and hence would nullify the transaction and wastage of resources.

What decision is to be taken in which forum, whether by Board, Shareholders, senior management, Managing Director etc. Had the decision not taken as per the provisions of the Companies Act, this will not only attract the penalty but also affect the business decision having no affect and the transaction would be deemed as illegal and unlawful.

In addition filing of various returns, keeping records at the appropriate place are another area to be taken care.

Some of the obligations and compliances are

1. Appointment of Directors & Auditor

2. Preparation & Filing of various returns such as ADT 01, INC 20 A etc.

3. Preparation & Issue of Share Certificates to all Shareholders.

4. Filing of MPB 01 (Disclosure of Interest by Directors).

5. Filing of DIR - 08 (Disclosure of Non-Disqualification by Directors)

6. Preparation of Notice, Agenda and minutes of Board Meetings (Quarterly)

7. Preparation of Notice, Agenda and minutes of Annual General Meeting & Extra Ordinary General Meeting.

8. Preparation & Filing of Form AOC 04 (Financials Related Annual Return).

9. Preparation & Filing of Form MGT 07 (Management Related Annual Return).

10. Preparation & Filing of Balance Sheet and P & L Accounts

We have our expert team who advise our clients for :

• Advising Board members from time to time on complex issues including their appointment and remuneration, roles, responsibilities etc

• Compliances of all the relevant provisions of the Act

• Compliances of all the Secretarial practices including filing of the requisite Forms

• Maintain records , minutes of the meetings, and filing timely returns

• Advising Management team from time to time on the complex issues of Company laws.