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A Ramaiya Guide to the Companies Act Providing guidance on the Companies Act, 2013 (Box 1) (6 Parts Set)

A Ramaiya Guide to the Companies Act Providing guidance on the Companies Act, 2013 (Box 1) (6 Parts Set)

  • ₹13,995.00

In Stock
  • Author(s): Ramaiya
  • Brand: LexisNexis Butterworths
  • Edition: 18 Ed 2015
  • ISBN 13 9789351433255
  • Approx. Pages 11500 (approx.)
  • Format Hardbound
  • Approx. Product Size 24 x 18 cms
  • Delivery Time Normally 7-9 working days

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Description  
The Indian Companies Act, 1913 ("1913 Act") was the first comprehensive enactment that dealt with the law relating to companies. Exactly 100 years later, the Companies Act, 2013 was enacted. After the Second World War, in the United Kingdom, a Company Law Amendment Committee was formed, popularly known as the Cohen Committee. This Committee recommended major changes to the English Companies Act, 1929 and led to the enactment of the English Companies Act, 1948. In India, a similar exercise was undertaken between 1946 and 1950. A thorough revision of the 1913 Act was made and at the end of 1950, the Government of India appointed a committee under the Chairmanship of Shri C.H. Bhabha to take note of the actual working of the 1913 Act in the light of the far-reaching changes that had taken place in the commercial world. A report was submitted in March 1952 and, four years later, the Companies Act, 1956 ("1956 Act") was enacted. Within a year, several defects and deficiencies were noted and in May 1957, a Committee was formed under the Chairmanship of A.V. Visvanatha Shastri who was not only a former Judge of the Madras High Court but also one of the most successful and versatile lawyers of the Supreme Court. Within six months, the Committee submitted its report and amendments were made to overcome practical difficulties, remove drafting defects, obscurities and lacunae and ensure the better fulfillment of the purposes of the 1956 Act. The 1956 Act was thereafter amended several times: 1960, 1962, 1963, 1964 (twice), 1965, 1966 (twice), 1967, 1968, 1969, 1971, 1974, 1977, 1984, 1985, 1988, 1991, 1996 (twice), 1997, 1999 (twice), 2000, 2001 and 2002 (thrice).
Meanwhile, in the United Kingdom, the 1948 Act was replaced by the 1985 and 2006 Acts. In India, there have been several attempts over the last two decades to replace the 1956 Act and reference may be made to the Companies Bill, 2009 which was referred to a Parliamentary Committee but later withdrawn. The Companies Bill, 2011 was introduced, referred to a Parliamentary Committee and eventually became the 2013 Act. The new Act contains 470 sections and seven schedules as compared to almost 700 sections and fourteen schedules in the 1956 Act. The shrinking of the number of sections and schedules is claimed as a measure of simplification. Critics, however, say that the 2013 Act has led to further complication in several areas. The reduction in size is merely cosmetic and illusory because several sections, it is alleged, have now been compressed into one section having many sub¬sections. It is not possible to examine the inconsistencies, contradictions and lacunae in the new Act in this brief introduction but these have been pointed out wherever possible in the commentary under the relevant sections. The new Act has seen the issuance of 39 clarificatory circulars and 7 orders for the removal of difficulties. This clearly establishes the existence of several defects and deficiencies in the Act. Indeed, this was inevitable as even the 1956 Act had to be re-examined within a year of its enactment. In the present writer's view, there is an urgent need for the formation of a committee which can examine the defects in the 2013 Act and introduce a Companies (Amendment) Act, 2015, which will iron out the creases and ensure that unnecessary hurdles and difficulties for the corporate sector are removed or, at the least, substantially reduced.
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Contents  
Treatise - Part 1 - Sec. 1 To Sec. 127 with Notes (Bound Separately)
Chapter 1 : Preliminary
Chapter 2 : Incorporation of Company and Matters Incidental Thereto
Chapter 3 : Prospectus and Allotment of Securities
Chapter 4 : Share Capital and Debentures
Chapter 5 : Acceptance of Deposits by Companies
Chapter 6 : Registration of Charges
Chapter 7 : Management and Administration
Chapter 8 : Declaration and Payment of Dividend
Note
Treatise -  Part 2 - Sec. 128 to Sec. 240 with Notes (Bound Separately)
Chapter 9 : Accounts of Companies
Chapter 10 : Audit and Auditors
Chapter 11 : Appointment and Qualifications of Directors
Chapter 12 : Meetings of Board and its Powers
Chapter 13 : Appointment and Remuneration of  Managerial Personnel
Chapter 14 : Inspection, Inquiry and Investigation
Chapter 15 : Companies, Mergers and Amalgamation
Treatise -  Part 3 - Sec. 378 to Sch. XV with Notes (Bound Separately)
Chapter 16 : Prevention of Oppression and Mismanagement
Chapter 17 : Registered Valuers
Chapter 18 : Removal of Names of Companies from the Register of Companies
Chapter 19 : Revival and Rehabilitation of Sick Companies
Chapter 20 : Winding Up
Chapter 21 : Part I : Companies Authorised to Register under this Act
                  Part II : Winding up of Unregistered Companies
Chapter 22 : Companies Incorporated Outside India
Chapter 23 : Government Companies
Chapter 24 : Registration Offices and Fees
Chapter 25 : Companies to Furnish Information or Statistics
Chapter 26 : Nidhis
Chapter 27 : National Company Law Tribunal and Appellate Tribunal
Chapter 28 : Special Courts
Chapter 29 : Miscellaneous
Schedules I-VII Companies Act, 2013
Schedules I-XV Companies Act, 1956
Note
Appendix - Part 1 - App 1 to App. 60 (Bound Separately)
Quick Reference Tables
•    Powers of Central Government
•    Powers of National Company Law Tribunal (NCLT)
•    Registers and Documents to be Maintained under the Companies Act, 2013
•    Forms, Returns and Intimations to be filed under the Companies Act, 2013
•    Penalties and fines under the Companies Act, 2013 and Companies Rules, 2014
•    Provisions that require mention in the Articles of the Company—Mandatory and Recommendatory
•    Matters requiring Ordinary Resolution
•    Matters requiring Special Resolution
•     Powers of the Board which can be exercised only at a meeting of the Board
Sections of the Companies Act, 2013 enforced till 10th September, 2014.
Sections of the Companies Act, 1956 which continue to remain in force (As on 10th September, 2014)
Sections  of Companies Act,   1956   that are  not covered in Companies Act, 2013
The Companies Act, 2013 with Corresponding Provisions of the Companies Act, 1956
Instant Feed-Back—Stop Press
Part I :
The Companies Act, 2013 Rules and Orders
The Companies Act, 1956 Relevant Rules and Regulations
Part IA :  The Companies Act, 1956 and Rules and Regulations (Repealed)
Part II : Non-Banking Financial Companies Directors etc., Issued by the Reserve Bank of India under RBI Act, 1934
Appendix - Part 2 - App. 61 to App. 180 (Bound Separately)
Part II : Non-Banking Financial Companies Directors etc., Issued by the Reserve Bank of India under RBI Act, 1934 (Contd.)
Part III : Securitisation and Debt Recovery Tribunal Act/Rules/Regulations/Guidelines
Part IV : The Sick Industrial Companies (Special Provisions) Act, 1985 and Rules Framed thereunder
Part V : Foreign Exchange Management Act, Rules, Regulations and Guidelines Issued by RBI on Foreign Investment in India by NRI's, FDI's on Euro Issues, External Commercial Borrowings (ECB's) and Foreign Direct Investment (FDI) in India and Indian Direct Investment in JVs/WOs Abroad
Part VA : Important SEBI Regulations and Corporate Governance
Part VI : Fees and Stamp Duties
Part VII : Organisational Details, Functions & Powers and Addresses & Its Field Offices/C.L.B. & Its Bench Offices and Powers under the Companies Act, 2013 Administered by SEBI
Consolidated Table of Cases & Subject Index and Additional Reference Material
Consolidated Table of Contents (Volumes 1 to 3 and Appendices 1 & 2)
Consolidated Table of Cases
Consolidated Subject Index
Additional Reference Material
- Legislative Updates
- Case Notes
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