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    Requirements as per Notification GSR No. 494(E), dated 30-10-1973 amending Schedule VI‑ Whether to be enforced strictly only in respect of finan...
    Payment of dividend/return of share capital ‑ Cheques issued but not encashed within the period prescribed under the section ‑ Procedure t...
    Information as to pending liquidation ‑ Delay in filing of statements by, liquidators ‑ Can be condoned by Government
    Loans given during the period when it was exempted company have to be considered for computing ceiling
    Whether both transferor company and transferee company should move High Court for direction where companies involved in amalgamation are incorporated ...
    Board meetings when to meet ‑ Interval between board meetingsWhether expression “every three months” used in the section means three months ...
    Information as to pending liquidation ‑ Delay in filing of statements by, liquidators ‑ Whether can be condoned by Government
    Winding up by court ‑ Petition for winding up ‑ Management to be asked about non‑payment of debts before approving presentation of p...
    Name of company - Publication of – Whether share certificate is an official publication within the meaning of clause (c)
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    Requirements as per Notification GSR No. 494(E), dated 30-10-1973 amending Schedule VI‑ Whether to be enforced strictly only in respect of financial years ending on or after 31-12-1973
    Show AI Summary
    Schedule VI amendment compliance enforced for financial years ending on or after year-end; companies may seek statutory exemptions for hardship.
    The October 1973 notification clarifies additional disclosure requirements under Schedule VI, which principally entail extracting information from books already required to be kept; strict enforcement of these new requirements will be applied only to financial years ending on or after 31-12-1973, while companies adversely affected may seek exemption through the statutory hardship procedure.
    Payment of dividend/return of share capital ‑ Cheques issued but not encashed within the period prescribed under the section ‑ Procedure to be followed
    Show AI Summary
    Unclaimed dividend procedure: official liquidator must transfer unencashed cheque balances into Companies Liquidation Account within specified timeframe.
    The official liquidator must monitor unencashed dividend or share-capital cheques, obtain an account statement from the State Bank of India, withdraw unclaimed balances and remit them into the Companies Liquidation Account with the Reserve Bank of India, update the Dividend Paid Register with cheque particulars indicating non-encashment and deposit, and file a supplementary statement with the Registrar; these withdrawals and remittances should be completed within 10 days from expiry of the encashment period.
    Information as to pending liquidation ‑ Delay in filing of statements by, liquidators ‑ Can be condoned by Government
    Show AI Summary
    Condonation of delay: Registrar to accept delayed liquidation filings on fees and assess need for court application.
    Registrars must accept delayed liquidation statements on payment of the prescribed fee and any additional late fee, then assess each case to decide whether to advise the Liquidator to seek court condonation; very short or excusable delays need not prompt advice to apply for condonation or prosecution.
    Loans given during the period when it was exempted company have to be considered for computing ceiling
    Show AI Summary
    Loans during exemption counted: must be included when computing statutory ceiling under section 370 provisions.
    Loans advanced while a company was exempted under sub section (2) of section 370 are to be taken into account when computing the ceiling prescribed in the second proviso to sub section (1) of section 370; loans made during the exempted period are not excluded from the ceiling calculation.
    Whether both transferor company and transferee company should move High Court for direction where companies involved in amalgamation are incorporated in different States
    Show AI Summary
    Identity of interests in amalgamation requires both transferor and transferee to obtain separate judicial directions when incorporated in different jurisdictions.
    Where an amalgamation creates an identity of interests between transferor and transferee, approval of shareholders of both companies is required and both companies should apply under the relevant statutory provisions; if companies are incorporated in different States, each should seek its respective High Court's directions under the Companies (Court) Rules, while if both are in the same State the petitioning company should make the other a party to the petition.
    Board meetings when to meet ‑ Interval between board meetingsWhether expression “every three months” used in the section means three months taken together
    Show AI Summary
    Interpretation of "every three months" confirms boards must hold at least one meeting within each successive three month period.
    Interpretation of the timing requirement treats "every three months" as three months taken together: the board meets at least once within each consecutive three month period (any date within that span suffices), and compliance is assessed prospectively by reference to successive three month intervals rather than by retrospective calculations.
    No. 8 - 22-05-1973 Companies Law
    Information as to pending liquidation ‑ Delay in filing of statements by, liquidators ‑ Whether can be condoned by Government
    Show AI Summary
    Condonation of delayed filing of liquidator statements rests with the court; Registrar may accept belated filings on payment.
    Delay in filing liquidator statements cannot be condoned by the Central Government and must be addressed by the court under the court rule; failure to file is punishable and the liquidator should seek the court's leave. The Registrar may accept belated statements on payment of an additional fee, but acceptance does not remove the default or its consequences. A prior exemption from filing fees for certain liquidator documents has been withdrawn.
    Winding up by court ‑ Petition for winding up ‑ Management to be asked about non‑payment of debts before approving presentation of petitions under sub‑section (5)
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    Winding up petitions: require management confirmation of creditor complaints and present ability to meet liabilities before sanctioning.
    Regional Directors must not approve presentation of winding up petitions solely on account of historical accounts showing excess liabilities; they must ask company management whether creditors have complained about non payment, whether the company can meet current liabilities, and if so, how, to ensure the petition has a sound factual basis.
    Name of company - Publication of – Whether share certificate is an official publication within the meaning of clause (c)
    Show AI Summary
    Share certificate not an official publication; treated as movable certificate of title rather than prospectus or statutory publication.
    Sections 82-84 establish that shares are movable property transferable under the articles, each share numbered, and a company-sealed certificate is prima facie evidence of title; consequently a share certificate is a certificate of title and a movable item, not an official publication within the meaning of section 147(1)(c).

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      Companies Law

      Payment of dividend/return of share capital ‑ Cheques issued but not encashed within the period prescribed under the section ‑ Procedure to be followed

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      Unclaimed dividend procedure: official liquidator must transfer unencashed cheque balances into Companies Liquidation Account within specified timeframe.
      The official liquidator must monitor unencashed dividend or share-capital cheques, obtain an account statement from the State Bank of India, withdraw ... Summary

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