Wake up call for companies in the month of March

CS Divesh Goyal , Last updated: 14 March 2015
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The Companies needs to ensure Compliance of following provisions during financial year, 2014115 under New Companies Act, 2013.

The below list is not exhausted list and every Company needs to check the applicability of other provisions of the Companies Act, 2013 to the extent applicable to them also.

S No.	Section	Subject Matter	Remarks
1	168	Vacation of Office	Check Whether every Director attended in physical at least one Board Meeting with in period of 12 Month. If any director fails to attend A Board Meeting within period of 12 Month then he will be considered as vacant.
			Check Whether the director himself has attended at least one Board Meeting on his own, even though Alternate Director is appointed in his place.
2	173	No. of Meetings	Check Whether every Non1 Small Company held 4 Board Meeting every year No need to hold Board Meeting in every Quarter.
3	173	Gap Between Two BM	Check Whether the gap Between Two Board meeting should not be more than 120 days.
4	74	Repayment of Deposit	Check Whether Company have filed DPT14 and refunded amount of Deposits. If Company have accepted deposit before commencement of this act then required to be repay within one year from such commencement or from the date on which such payments are due.
5	12(3)(c)	CIN No.	Check Whether Company has mentioned CIN no. along with Telephone No. on all Letters, billheads, and letter papers and in all notices and other publications.
6	Rule1 7 Chapter XXIV	DIN & Address of Director	Every document shall contain name, designation, address and Director Identification Number of person signing such document
Record of Minutes	2(16)	Creation of Charge on Vehicle Loan	Check Whether, if Company has taken Loan on vehicle then charge has been created on same by filing of e1form1 CHG11. Creation of Charge on Vehicle Loan is required under Companies Act, 2013.
8	179(3)	Loan from Director	Check Whether company has taken loan from director any time after 01.04.2014. If yes then check Board Resolution or Special Resolution filed of not. Check form MGT114 has been filed within 30 days of allotment or not.
9	92	Record of Minutes	Check Whether proper record of Meetings maintained or not. Because Dates of Board Meetings and other information relating to Meeting required to mention into Annual Return.
10	185	Loan to Director	Loan to Director and any person interested in Director is not allowed under companies Act 2013.
11	186	Loan to Person or Company	Check Whether interest charge on loans given at the minimum prescribed rate as given u/s 186(7) (Except loan given to Staff
12	188	Related Party Transaction	Check Whether all the Related Party transaction made in the Ordinary course of business are made on ‘Arm Length Price’ and transactions not in the ordinary course of Business has been approved by the Board. Further proper documents (e.g. quotation) are maintained to support that transactions are made at Arm Length Price.
13	139	Appointment of Auditor	Check whether auditor has been appointed for 5 years or not. As per 2013 act auditor should be appoint for 5 year otherwise consequences will be on Company.
14	12 * 13	Adoption of AOA & MOA	Check whether AOA & MOA has been adopted as per Companies Act, 2013. It is advisable to adopt AOA & MOA as per Companies Act, 2013 before 31st March, 2015.
15	203	Company Secretary	Check Whether there was Company Secretary in Company before June, 2014. Then designate such Company Secretary as Key Managerial Personnel and file respective forms for the same