31 January 2008
IMPORTANCE OF SECTIONS IN COMPANY LAW OR FOR THAT MATTER ANY LAW DIFFERS DEPENDING FROM WHOSE ANGLE THE SECTION IS IMPORTANT. IF I LOOK AT THE POINT OF VIEW OF THE COMPLIANCE OFFICER OR COMPANY SECRETATY,RIGHT FROM NAME AVAILABILITY AND FORMATION OF COMPANY TILL A COMPANY IS WOUND UP ALL SECTIONS ARE NECESSARY TO COMPLY AND CARRY LEGAL EMPHASIS. IF IT IS THE MAMANGEMENT/DIRECTORS' POINT OF VIEW ,THE DIRECTORS ARE MADE RESPONSIBLE FOR DAY TO DAY MANAGEMENT AND ALSO NEED TO PROTECT SHAREHOLDERS INTEREST.VARIOUS PENALTIES AND PROSECUTIONS ARE STIPULATED IN COMPANY'S ACT FOR NON COMPLIANCE. FROM THE POINT OF VIEW OF SHAREHOLDERS ,THERE ARE IMPORTANT PROVISIONS PROTECTING THIER RIGHTS BEING THE INVESTORS( IN A LISTED COMPANY SUCH OBLIGATIONS ARE MULTIFOLD CAST ON A LISTED COMPANY TO COMPLY THROUGH THE LISTING AGREEMENT WITH STOCK EXCHANGES). EVEN CREDITORS POINT OF VIEW IS ALSO PROTECTED THROUGH MANY PROVISIONS IN THE COMPANY'S ACT. SO MAY I REQUEST YOU TO BE VERY SPECIFIC AS TO THE IMPORTANCE OF WHICH OR WHOSE POINT OF VIEW, YOU WISH TO KNOW. REGARDS, R.V.RAO