Friends,
We wish to start sharing articles in our Blog again. Because of the fact that I contested in ICSI elections, was not supposed to write in any social media; hence there was no posts for few months. Hope we continue similar articles at regular intervals in Corporate laws website.
*************
This article discusses about the "Matters required to be displayed in Websites of Company as per Co's Act 2013". Please do not get worried by the long list. The writer has tried to make it as exhaustive as possible. The no of disclosures to be applicable to your Company will be few only; Please check & if you have not already done, please do it soon, as your Secretarial auditor will certainly look for it in the next few months !!
****************
We wish to start sharing articles in our Blog again. Because of the fact that I contested in ICSI elections, was not supposed to write in any social media; hence there was no posts for few months. Hope we continue similar articles at regular intervals in Corporate laws website.
*************
This article discusses about the "Matters required to be displayed in Websites of Company as per Co's Act 2013". Please do not get worried by the long list. The writer has tried to make it as exhaustive as possible. The no of disclosures to be applicable to your Company will be few only; Please check & if you have not already done, please do it soon, as your Secretarial auditor will certainly look for it in the next few months !!
****************
MATTERS
REQUIRED TO BE PLACED IN THE WEBSITE OF THE COMPANY PURSUANT TO COMPANIES ACT,
2013
Sl.
No.
|
Section/
Rule
|
Provision
|
1.
|
S.13(8)(i),
Chapter - 2 -
Rule 32(3) and
Chapter - 3 -
Rule 7(3)
|
A company, which has raised money from public through prospectus
and still has any unutilized amount out of the money so raised, shall not
change its objects for which it raised the money through prospectus unless a
special resolution is passed by the company and the details, as may be
prescribed, in respect of such resolution shall also be published in the
newspapers (one in English and one in vernacular language) which is in
circulation at the place where the registered office of the company is
situated and shall also be placed on the website of the company, if any,
indicating there in the justification for such change
|
2.
|
S.124(2)
|
Unpaid Dividend Account - The company shall, within a
period of ninety days of making any transfer of an amount under sub-section (1) to the Unpaid Dividend Account,
prepare a statement containing the names, their last known addresses and the
unpaid dividend to be paid to each person and place it on the website of the
company, if any, and also on any other website approved by the Central
Government for this purpose, in such form, manner and other particulars as
may be prescribed
|
3.
|
S.135(4) and Rule 9 of Companies CSR
Policy Rules, 2014
|
The Board of every company referred to in sub-section (1) shall, (a) after taking into account the
recommendations made by the Corporate Social Responsibility Committee,
approve the Corporate Social Responsibility Policy for the company and
disclose contents of such Policy in its report and also place it on the company's
website, if any, in such manner as may be prescribed
|
4.
|
S.136 - Third proviso
|
A listed company shall also place its financial statements
including consolidated financial statements, if any, and all other documents
required to be attached thereto, on its website, which is maintained by or on
behalf of the company
|
5.
|
S.136 - Fourth proviso
|
Every company having a subsidiary or subsidiaries shall place
separate audited accounts in respect of each of its subsidiary on its website,
if any
|
6.
|
S.177(10)
|
Details of establishment of vigil mechanism shall be
disclosed by the company on its website, if any, and in the Board’s Report
|
Sl.
No.
|
Section/
Rule
|
Provision
|
7.
|
S.230(3) - First proviso
|
Compromise or Arrangement - Order of the Tribunal to
convene meeting
of the creditors or class of creditors or of the members or class of members
- Notice convening such meeting and
other documents shall also be placed on the website of the company, if any
|
8.
|
Schedule - IV -
(IV) - Manner of Appointment - Point (6)
|
The terms and conditions of appointment of independent
directors shall also be posted on the company’s website
|
9.
|
Chapter - 2 -
Rule 22(1)(b)
|
Companies registered under section 8 seeking conversion
into any other kind - The company shall, within a week from the
date of submitting the application to the Regional Director, publish a notice at its own expense, and a
copy of the notice, as published, shall be sent forthwith to the Regional Director and the said notice shall
be in Form No. INC.19 and
shall be published on the website of the company, if any
|
10.
|
Chapter - 5 -
Rule 4(3)
|
Every company referred to in section 73(2) intending to
invite deposit from its members shall issue a circular to all its members by
registered post with acknowledgement due or speed post or by electronic mode
in Form DPT-1. Every company inviting deposits from the public shall upload a
copy of the circular on its website, if any
|
11.
|
Chapter - 7 -
Rule 10
|
A company closing the register of members or the register
of debenture holders or the register of other security holders shall publish
the notice on the website, if any, of the Company
|
12.
|
Chapter - 7 -
Rule 18(2)(ix)
|
The notice of the general meeting of the company shall be
simultaneously placed on the website of the company, if any
This clause is ambiguous in applicability for companies
issuing notices physically since the said Rule covers issuance of notice via
electronic mode and the particular rule 18(2)(ix) also uses the word “simultaneously”
|
13.
|
Chapter - 7 -
Rule 20(3)(ii)
|
A company which opts to provide the facility to its
members to exercise their votes at any general meeting by electronic voting
system shall place the notice on the
website of the company, if any
|
14.
|
Chapter - 7 -
Rule 20(3)(xiv)
|
The results (e-voting) declared along with the
scrutinizer’s report shall be placed on the website of the company and on the
website of the agency within two days of passing of the resolution at the relevant
general meeting of members
|
Sl.
No.
|
Section/
Rule
|
Provision
|
15.
|
Chapter - 7 -
Rule 22(4)
|
The notice of the postal ballot shall also be placed on
the website of the company forthwith after the notice is sent to the members
and such notice shall remain on such website till the last date for receipt
of the postal ballots from the members
|
16.
|
Chapter - 7 -
Rule 22(13)
|
The results (postal ballot) shall be declared by placing
it, along with the scrutinizer’s report, on the website of the company
|
17.
|
Chapter - 7 -
Rule 23(4)
|
Special Notice - if it is not practicable for the company
to give the notice [special notice received from member(s)] to its members -
the notice shall be posted on the website, if any, of the Company apart from
publishing it in English and vernacular newspaper
|
18.
|
Chapter - 11 -
Rule 13(2)
|
The company shall, at least seven days before the general
meeting, inform its members of the candidature of a person for the office of
a director or the intention of a member to propose such person as a candidate
for that office by placing notice of such candidature or intention on the
website of the company, if any
|
19.
|
Chapter - 11 -
Rule 15
|
The company shall within thirty days from the date of
receipt of notice of resignation from a director, intimate the Registrar in
Form DIR-12 and post the information on its website, if any
|
By
K. Sankara
Subramanian
Company
Secretary
Cethar
Energy Limited
Trichy
E Mail: shankartheacs5@gmail.com
