checklistforprivatecompanies_1_

7/28/2019 checklistforprivatecompanies_1_

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CHECK LIST FOR PRIVATE LIMITED COMPANIES

Sr. No. Relevant Sectionof Companies act,1956

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49Rule 7 of DepositsRules77A136143150151152157163193209301303307372ARule 7 of issue ofcertificate RulesRule 4 of recordDestruction

Requirement

To maintain Register of InvestmentsTo maintain Register of DepositsTo maintain Register of Securities Bought BackTo maintain copies of Instruments creating ChargesTo maintain Register of ChargesTo maintain Register of MembersTo maintain Index of MembersTo maintain Register and Index of DebenturesTo maintain Foreign Register of Members or Debenture holdersTo maintain all registers, returns, minutes, accounts books,contracts, annual returns etc at Registered OfficeTo maintain Minutes BooksTo maintain books of accounts at Registered officeTo maintain Register of Particulars of ContractsTo maintain Register of Directors, MD, SecretaryTo maintain register fo Directors ShareholdingsTo maintain register of Investments/Loans/Guarantee madeTo maintain Register of Renewed Share certificatesTo maintain Register of Records destroyedTo maintain Register of InspectionTo maintain Register of directors AttendanceTo maintain Register of Shareholders AttendanceTo maintain Register of proxiesTo maintain Register of TransfersWhether properly signed Annual Return is filed within 60 daysof AGM?


2/5


2526

220383A

Requirement

Whether BS adopted at AGM and three copies are filed within30 days of AGM?Whether the paid-up capital of the company is between 10 lacsto 2 crore, whether Compliance Certificate for last year wasfiled with ROC within 30 days of AGM?Any shares allotted during the year? Whether Form No. 2 filedwith ROC within 30 days of allotment?27

28293031323334

192Schedule XIII58A & DepositRulesBeneficial InterestRules125

Companys GeneralRules Whether any security is bought back during the year, whetherForm 4a & 4C is filed with ROC?

Any change in Authorised Capital, Whether Form 5 is filed withROC?Any Change in Office during the year, Whether Form 18 filedwith ROC within time?Any Order from CLB or Court during the year, Whether thesame is filed in Form 21 with ROC within 90 days?Any resolution or agreements during the year to be filed withROC in Form 23, Whether filed with ROC in time?Any whole time director/MD appointed during the year, WhetherForm 25C filed with ROC within 90 days?Whether Company has any deposits, Return duly certified byauditor filed ROC and RBI before 30th June, Advertisementpublished in newspapers?Any person holding shares in Trust, Whether Form I, II, III arefiled with ROC?Any charge created during the year, Whether Form 8 & 13 filedwithin 30 days?Whether any charge modified during the year? Whether Form 8& 13 filed with ROC?Whether any satisfaction of charge? Whether Form 17 & 13filed with ROC?Any default made in 60 days in repayment of Deposits, whetherintimation sent to CLB?Whether Company is Private Company, Whether paid upcapital is more than 1 lac? Whether company invited public tosubscribe or accepted deposits from anyone other thanmembers, director or their relatives?

353637383940


3/5


4142

285289, 193

Requirement

How many Board meeting held in a year, on which dates,whether Notice was sent, whether attendance recorded?Whether in all meeting quorum was present, circular resolutionsnoted, previous minutes got confirmed, minutes entered intominutes book and signed?Form 24 AA received from all the directors, whether enteredinto register before close of financial year?Any book closure during year for dividend etc.? Whether 7 daysnotice was given, not closed for more than 30 days andaggregating to not more than 45 days in year?Whether AGM held within 15 months of last AGM, held onworking day and working hours, provisions of notice,explanatory statement, quorum, chairman, proxy, attendance,register of directors shareholdings, minutes are complied with?(171 to 186 not applicable to Private company.)Whether notice was sent before 21 days for AGM with BalanceSheet, Directors Report, and Compliance Certificate?Whether Minutes are recorded in minutes book of AGM andcopy furnished to Stock Exchange?Whether any EGM held during the year, Whether all provisionsof General Meeting are complied?

4344

299154

45 171 to 193

46474849 295 Whether any loans given to Director or his interested relative,

firm, company? Whether previous approval taken from CentralGovt (except for housing loan to MD)?(Not applicable to private company except subsidiary ofpublic co)Whether any transaction during year where Director isinterested? Whether prior RDs approval taken if paid -up capitalis more than 1 crore?(Check ledger account book from names & 24AA)Whether all contracts in which director is interested are enteredinto Register and vote of each director is mentioned? Whetherprevious approval of Central Govt. taken where paid-up capitalis more than 1 crore?(Check ledger account book from names & 24AA)

50 297

51 301


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52 314 Whether any director or relative or persons referred had anyplace of profit, Board and Special approval of Members taken?Whether Central Govt. approval taken for remuneration of morethan 50,000 /=?(Check ledger account book from names & 24AA)Whether any duplicate shares issued, whether properprocedure complied including Board approval?Whether any share transfer/transmission during year, Whethertransferred within time?Whether any dividend declared, Whether amount depositedwithin 5 days in separate Bank account and paid within 30 daysof declaration?Whether Board approved Directors Report and authorizedChairman or other director to sign, Whether DirectorsResponsibility statement is included?Whether any unpaid dividend of seven year old, whether fundstransferred to IEF and Form No. 1 filedWhether provisions of directors appointment, re-appointment,removal, if any, and resignation, consent, by rotation,disqualification, register are complied?Whether any MD, WTD, Manager appointed during year,Whether terms are as per schedule XIII or approval ofCG taken?Whether any Sole Selling agent was appointed during the yearwith approval of Board and shareholders, approval of CentralGovt. is taken if paid up capital is more than 50 lacs?Whether necessary approvals from Central Govt., CLB, RD,ROC obtained?Whether all directors have disclosed their interest in Form 24AAbefore end of financial year, recorded in register, put up toBoard?

305 Whether any new directorship intimated by any director?

81 Whether any new shares, shares with differential rights, sweatequity, ESOP, debenture, preference shares, Bonus sharesissued during the year? Whether necessary provisions arecomplied with?Whether any shares bought back during the year? Whether allprovisions complied?

80 Whether any shares redeemed during the year, Whether Form5 filed with ROC?

535455

Certificate Rules108 and 113205 / 206

56 217

5758

205C255, 256, 257, 260,262, 264, 274, 278,283, 284, 314269, Schedule XIII59

60 294AA

6162

Approvals299

6364

6566


5/5

6768

205A58A / Deposit Rules

Whether any dividend in abeyance during the year?Whether any new deposits accepted during the year by privatecompany from directors or members with appropriatedeclaration?Whether borrowings are within limit? Whether special approvalof members obtained for excess borrowings? Form 23 is filed?Whether any loans, guarantees given during the year?Whether any change in Memorandum or Articles for shifting ofRegistered Office, Object Clause, capital clause, nameor articles?Whether any prosecution initiated or show cause notice orcompounding done during the year?

417(1) Whether Company has received any deposit from any of itsemployee during the year, Whether the same is deposited asper law?Whether company has its own trust for PF, Whether allcontributions are deposited within 15 days as per law?Whether any resolution passed by Postal Ballot, Whether allrequirements are complied?

697071

293(1)(d)372A17, 31

7273

7475

418192A

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