Companies Act 2013 Overview

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1
What are the types of companies under Section 3 of the Companies Act, 2013?
Private, Public, and One Person Company (OPC).
2
What is the minimum number of members required to form a private company?
Two.
3
What does Section 4 of the Companies Act, 2013 define?
Memorandum of Association (MOA).
4
What information must be included in the MOA?
Name, state of registered office, objects, liability, and share capital details.
5
What does Section 5 of the Companies Act, 2013 cover?
Articles of Association (AOA).
6
What is the purpose of the AOA?
To govern the internal management of the company.
7
Which document prevails in case of a conflict with the Companies Act?
The Companies Act overrides MOA/AOA.
8
What is the Certificate of Incorporation?
A document issued by the Registrar of Companies (ROC) upon incorporation.
9
What is the purpose of Section 8 under the Companies Act, 2013?
Formation of companies with charitable objects, such as NGOs.
10
What is required within 30 days of incorporation under Section 12?
A registered office must be established.
11
What does Section 13 of the Companies Act, 2013 deal with?
Alteration of the Memorandum of Association (MOA).
12
What governs changes to the Articles of Association (AOA)?
Section 14 of the Companies Act, 2013.
13
What does Section 23 of the Companies Act, 2013 define?
Methods of securities issuance: Public Offer or Private Placement.
14
Which regulatory body oversees listed companies under Section 24?
SEBI (Securities and Exchange Board of India).
15
What is the purpose of a prospectus under Section 26?
To specify content and format for public offers.
16
What is mandatory for certain companies under Section 29?
Dematerialization of shares.
17
What types of share capital are defined in Section 43?
Equity (with/without voting rights) and preference shares.
18
What governs the rules for issuing and redeeming preference shares?
Section 55 of the Companies Act, 2013.
19
What does Section 56 of the Companies Act, 2013 cover?
Transfer and transmission of shares.
20
What does Section 68 regulate?
Rules for the buy-back of shares.
21
What governs the acceptance of deposits by companies?
Sections 73–76 of the Companies Act, 2013.
22
What does Section 77 mandate?
Registration of charges on company assets.
23
What is the focus of Section 88 under the Companies Act, 2013?
Maintenance of statutory registers by the company.
24
What is required for dividend declaration under Section 123?
Profit availability.
25
What happens to unpaid dividends under Section 124?
They are transferred to the Investor Education and Protection Fund.
26
What does Section 128 require companies to maintain?
Proper books of accounts.
27
What is the purpose of reopening accounts under Section 130?
To correct material misstatements with approval from the Central Government.
28
What is covered under Sections 139–147 of the Companies Act, 2013?
Appointment, rotation, and qualifications of auditors.
29
What does Section 148 of the Companies Act, 2013 mandate?
Maintenance of cost records and appointment of cost auditors for specified industries.

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