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Sec 301 of Companies Act 1956

sangeetha (PCC student) (84 Points)

25 September 2008

What exactly does 'Register to be maintained as per section 301 of Companies Act' mean??

I read it as one of the points to be mentioned as per CARO report 2003.

Please clarify

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19 Replies

CA Nitin Wadhwani (Chartered Accountant) (4469 Points)
Replied 25 September 2008

Loans Given To Related Parties.

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sangeetha (PCC student) (84 Points)
Replied 25 September 2008

And what about Cost records maintained according to sec 209(1) Of Companies Act ?

Darshan (Service) (54 Points)
Replied 25 September 2008

Not Only loan Given to Related Parties.

All transactions with Related parties to be mentioned in Register.

Difinition of Related party is as per Companies act and not as per AS 23.

Section 209 (1) says maintaing cost records - It allplies to manufacturing unit and all this record are to be kept at plant where manufacturing activity is done.

This Record inclueds everything related to cost of manufacturing product i.e. Material,Labour and overhead and method of allocationg overhead etc.

It is also to be audited by Cost Accountants i.eI CWA

sangeetha (PCC student) (84 Points)
Replied 25 September 2008

Tahanks a Bunch.

Does Preferential Allotment of shares also come under Sec 301?

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Darshan (Service) (54 Points)
Replied 25 September 2008

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S.RAVICHANDRAN (STUDENT) (25 Points)
Replied 27 September 2008

Originally posted by :sangeetha

What exactly does 'Register to be maintained as per section 301 of Companies Act' mean??
I read it as one of the points to be mentioned as per CARO report 2003.
Please clarify

hi sangeeta,

if u are not satisfied with the below explanations.. kindly let me know....

[(1) Every company shall keep one or more registers in which shall be entered separately particulars of all contracts or arrangements to which section 297 or section 299 applies, including the following particulars to the extent they are applicable in each case, namely.-

(a) the date of the contract or arrangement;

(b) the names of the parties thereto;

(c) the principal terms and conditions thereof,

(d) in the case of a contract to which section 297 applies or in the case of a contract or arrangement to which sub-section (2) of section 299 applies, the date on which it was placed before the Board;

(e) the names of the directors voting for and against the contract or arrangement and the names of those remaining neutral.

3) The register aforesaid shall also specify, in relation to each director of the company, the names of the firms and bodies corporate of which notice has been given by him under sub-section (3) of section 299.

(3A) Nothing in sub-sections (1), (2) and (3) shall apply-

(a) to any contract or arrangement for the sale, purchase or supply of any goods, materials or services if the value of such goods and materials or the cost of such services does not exceed one thousand rupees in the aggregate in any year; or

(b) to any contract or arrangement (to which section 297 or, as the case may be, section 299 applies) by a banking company for the collection of bills in the ordinary course of its business or to any transaction referred to in clause (c) or sub-section (2) of section 297.]

(4) If default is made in complying with the provisions of sub-section (1), (2) or (3), the company, and every officer of the company who is in default, shall, in respect of each default, be punishable with fine which may extend to ²[five thousand rupees].

warn regards,

ravichandran.s.

sangeetha (PCC student) (84 Points)
Replied 29 September 2008

Thank you Ravi. but kindly explain in simple terms point 3(b)

3(b) :to any contract or arrangement (to which section 297 or, as the case may be, section 299 applies) by a banking company for the collection of bills in the ordinary course of its business or to any transaction referred to in clause (c) or sub-section (2) of section 297.]
Thanks in Advance

Shubhankar Limaye (B.Com.) (174 Points)
Replied 29 September 2008

Section 297(2)(c) States that the board's sanction shall not be required in respect of a contract in which a director is interested where contract is entered into by a in banking or insurance company for any transaction in the ordinary course of business of such company with any director, relative, firm, partner or private company.

Simply it means that such contracts can be entered into by the company without prior approval of Board, and its particulars need to be mentioned in the register maintained under Section 301.

Further Section 209(1)(d) mandates the companiesin certain industries fulfilling certain criteria to maintain particulars relating to utilisation of material or labour or to other items of cost as may be prescribed. List of such industries is mentioned at https://mca.gov.in/MinistryWebsite/dca/mcaoffices/RecordRules44.htm

The audit of such cost accounts is not mandatory and is required to be conducted only if ordered by Central Government

S.RAVICHANDRAN (STUDENT) (25 Points)
Replied 03 October 2008

Originally posted by :sangeetha

Thank you Ravi. but kindly explain in simple terms point 3(b)
3(b) :to any contract or arrangement (to which section 297 or, as the case may be, section 299 applies) by a banking company for the collection of bills in the ordinary course of its business or to any transaction referred to in clause (c) or sub-section (2) of section 297.]
Thanks in Advance

hI sangeeta,

Greetings from ravi....

sorry for late respond to your query.... let me use simple terms so that u understand the concept of Sec.301.

hmmm...hmmm. this secions talks about maintaince of register for contractors.

Sec 297 and 299 tells about the contents and qualifications in the register.

The query which u hav asked me is Exemption part sangeetha in this secion.

Banks are not expected to maintain register. this is answer for your query.

take care

thanks.

ravi.

dinesh (student) (51 Points)
Replied 06 October 2008

as the act has not mentioned about the non-applicability of Sec 301 to private companies, i need a confirmation regarding its applicability to them.. can any one plz...

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(Guest)

Dear Sir,

I just want to know whether suh registered is to be placed in audit commitee meeting and board meeting for such approval and whether directors signature is to be done,

if signature is to be done when it is to be signed whehter it is to be approved before approval sought from the RD Regional Director or after the approval received.

Thanking You,

Nevil

(Guest)

If A private limited Company having paid up capital above Rs. 1crore entering into contract with B private Limited company having paid up capital above Rs. 1 Crore for hte supply of services then whether A and B both private companies required to obatin the approval from Regional Director. or only A pvt ltd will required to obtain approval.

sangeetha (PCC student) (84 Points)
Replied 09 December 2008

Thanks everyone for solving my query!!

Sudhir Kumar (NA) (22 Points)
Replied 22 April 2009

Originally posted by :Shubhankar Limaye
"	Section 297(2)(c) States that the board's sanction shall not be required in respect of a contract in which a director is interested where contract is entered into by a in banking or insurance company for any transaction in the ordinary course of business of such company with any director, relative, firm, partner or private company. Simply it means that such contracts can be entered into by the company without prior approval of Board, and its particulars need to be mentioned in the register maintained under Section 301. Further Section 209(1)(d) mandates the companiesin certain industries fulfilling certain criteria to maintain particulars relating to utilisation of material or labour or to other items of cost as may be prescribed. List of such industries is mentioned at https://mca.gov.in/MinistryWebsite/dca/mcaoffices/RecordRules44.htm The audit of such cost accounts is not mandatory and is required to be conducted only if ordered by Central Government	"