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    Inspection of documents kept by Registrar - Copies of correspondence passed between Registrar and companies - Whether can be given
    Show AI Summary
    Inspection of registrar correspondence restricted; copies not available unless produced pursuant to a court order.
    Inspection rights extend to documents filed or registered with the Registrar and certified extracts thereof for prescribed fees; ordinary correspondence between the Registrar and a company is not treated as a document filed or registered and thus is not open to inspection or copying by parties, except where a court orders production of that correspondence.
    Annual accounts - Form and contents of ‑ Whether general reserve can be used for redeeming preference shares
    Show AI Summary
    Use of general reserve for redeeming preference shares discouraged while profit and loss shows a debit balance.
    Application of the general reserve to redeem preference shares should not be made while the profit and loss account shows a debit balance; companies must follow the Notes to Part I of Schedule VI in form and disclosure before appropriating reserves for share redemption.
    Filing of documents with Registrar - Whether copy is to be filed with Registrar of the State in which principal place of business is situate
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    Filing of charges: Registrar must notify state registrar where the company's principal business is located to complete records.
    The primary duty to register charges rests with the central Registrar of Companies; delivery of copies to the State Registrar where the company's principal place of business is situate is to facilitate public inspection. When a document is presented to the central Registrar for certification, he should issue the certificate and inform the State Registrar so that the State records are complete.
    Whether chartered accountant, where service is rendered by him professionally and not as an officer on company, is disqualified under clause (b) of sub‑section (3)
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    Professional independence of auditors: chartered accountants rendering services professionally are not disqualified from appointment as auditors.
    A practising chartered accountant engaged by a company for professional income tax consultancy is not an officer or employee when the engagement is not whole time and lacks employer control over the manner of execution; such professional engagements constitute a contract for service and do not disqualify the chartered accountant from appointment as auditor under the statutory provision.
    Foreign Companies - Accounts - Whether it will be sufficient if foreign insurance company files the same return as required to file with Controller of Insurance
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    Foreign insurance company filing: Registrar acceptance of identical returns filed with the Controller of Insurance fulfils statutory filing obligations.
    Whether foreign insurance companies satisfy the Companies Act filing obligation by filing with the Registrar the returns they submit to the Controller of Insurance: having regard to section 616(a) and the Insurance Act (notably section 17), read with section 593(1)(a), compliance with section 594 is met if foreign insurers file with the Registrar the same returns required to be filed with the Controller of Insurance under the Insurance Act, 1938.
    Provident funds ‑ Amendment of Post Office Savings Bank Rules in compliance of the section
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    Post Office Savings Bank rule amendment enables provident fund withdrawals and conjoint account operation with relaxed notice requirements.
    The amendment permits relaxation of the one month notice under rule 44(j) when funds permit, allows twice weekly withdrawals at specified Head Post Offices, enables conjoint accounts to be operated by one or two trustees, provides for lodging securities with treasuries for safe custody, and contemplates adjustments for decimal coinage. Cheque withdrawals are being trialled at the General Post Office, Bombay with a subsequent review, and cheque deposit facilities will be introduced there from the stated commencement date; collection of interest is under consideration.
    Auditors qualification - Proprietary firm whether qualifies for appointment as auditor
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    Auditor appointment: a proprietary firm cannot be treated as a partnership; the sole proprietor must be appointed and sign individually.
    A proprietary firm with a single proprietor cannot be regarded as a partnership firm for appointment as company auditor; the company must appoint the sole proprietor by name in his individual capacity and the auditor's report must be signed by the proprietor personally in his own name.
    Annual accounts - Form and contents of –Corresponding figures for immediately preceding financial year given for each group head as a whole instead of for each item ‑ Whether sufficient compliance of the sub‑section
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    Comparative presentation of prior-year figures: group-head totals with explanatory notes suffice to meet disclosure requirements.
    Where practical difficulties prevent restating every prior-year item, supplying corresponding figures for each group head as a whole with a suitable explanatory note is deemed sufficient compliance with the requirement to present prior-year comparatives, provided the aggregated figures fully incorporate the audited prior-year items so the comparative purpose of the disclosure is preserved.
    Application to Central Government for approval of change of name
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    Change of name approval: companies must obtain government consent before altering the "Private" designation during conversion.
    Change of name arising from conversion between private and public status requires prior government approval; deletion or insertion of the word "Private" is a change of name and, without such approval under section 21, the Registrar cannot amend the certificate of incorporation, register of companies, or memorandum of association under section 23. Companies converting from private to public should submit the name approval application to the Government when issuing shareholder notice to minimise delay.

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