Saturday, 24 January 2015

Matters required to be displayed in Websites of Company as per Co's Act 2013

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.

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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 !!


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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

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