PROVISION OF COMPANIES ACT WITH

RESPECT TO:-MANAGEMENT AND ADMINISTRATION

BY:- Mayank Bakliwal (A018)

Anjani Raipat (A047)

Rutvik Shukla (A053)

Karishma Singh (A054)

Aakanksha Shanghavi (A063)

INTRODUCTION

Companies play very vital role in any

economy. In our country, the Companies

Act, 2013 primarily regulates the

formation, financing, functioning and

winding up of companies. The Act

prescribes regulatory mechanism

regarding all relevant aspects including

organisational, financial and managerial

aspects of companies.

INTRODUCTION

Management and Administration plays an

important role in the activities and

regulation of all the activities of an

organization. Chapter VII of the

Companies Act, 2013 read with Companies

(Management and Administration) Rules,

2014 deals with the legal and procedural

aspects of management and administration

of companies.

OBJECTIVES

To protect the interests of a large number of

shareholders, as there exists separation of ownership

from management in a company;

To safeguard the interests of creditors;

To help the development of companies in India on

healthy lines, because corporate sector constitutes a

very important segment of the economy;

To help the attainment of the ultimate ends of social

and economic policy of the Government

REGISTRATIONS

SECTION 88:-

Register of members, etc.

SECTION 89:-

Declaration in respect of beneficial interest in

any share

SECTION 90:-

Return to be filed with Registrar in case

promoters’ stake changes

REGISTRATIONS

SECTION 94:-

Place of keeping and inspection of registers,

returns, etc.

SECTION 95:-

Registers, etc., to be evidence

MEETINGS

SECTION 96:-

Annual general meeting

SECTION 97:-

Power of Tribunal to call annual general

meeting

SECTION 98:-

Power of Tribunal to call meetings of members,

etc.

MEETINGS

SECTION 99:-

Punishment for default in complying with

provisions of sections 96 to 98

SECTION 100:-

Calling of extraordinary general meeting

SECTION 101:-

Notice of meeting

MEETINGS

SECTION 102 :-

Statement to be annexed to notice

SECTION 103:-

Quorum for meetings

SECTION 104:-

Chairman of meetings

VOTING

SECTION 105:-

Restriction on voting rights

SECTION 106:-

Voting by show of hands

SECTION 107:-

Voting by show of hands

VOTING

SECTION 108:-

Voting through electronic means

SECTION 109:-

Demand for poll

SECTION 110:-

Postal ballots

RESOLUTIONS

SECTION 111:-

Circulation of members’ resolution

SECTION 112:-

Representation of President and Governors in

meetings

SECTION 113:-

Representation of corporations at meeting of

companies and of creditors

RESOLUTIONS

SECTION 114:-

Ordinary and special resolutions

SECTION 115:-

Resolutions requiring special notice

SECTION 116:-

Resolutions passed at adjourned meeting

RESOLUTIONS

SECTION 117:-

Resolutions and agreements to be filed

SECTION 118:-

Minutes of proceedings of general meeting,

meeting of Board of Directors and other

meeting and resolutions passed by postal ballot

MISCELLANEOUS

SECTION 119:-

Inspection of minute-books of general meeting

SECTION 120:-

Maintenance and inspection of documents in

electronic form

MISCELLANEOUS

SECTION 121:-

Report on annual general meeting

SECTION 122:-

Applicability of this Chapter to One Person

Company

HOW IS THE PRESENT ACT BETTER THAN THE

LAST ONE?

minor to drastic changes

more practical

wider applicability

prescribe increased matters for compliance

increase the responsibility of all constituents

pose intricacies in implementation

CONCLUSIONA company, being an artificial person, cannot act on

its own. It, therefore, expresses its will or takes its

decisions through resolutions passed at validly held

Meetings. The primary purpose of a Meeting is to

ensure that a company gives reasonable and fair

opportunity to those entitled to participate in the

Meeting to take decisions as per the prescribed

procedures. The decision making powers of a

company are vested in the Members and the Directors

and they exercise their respective powers through

Resolutions passed by them. General Meetings of the

Members provide a platform to express their will in

regard to the management of the affairs of the

company